Antitrust Litigation 2025

AUSTRALIA Law and Practice Contributed by: Elizabeth Avery, Simon Muys, Jacqueline Reid and Owen Fischbein, Gilbert + Tobin

Gilbert + Tobin is a market-leading competition, con - sumer and market regulation team. It is one of the largest in Australia, comprising ten partners, five spe - cial counsel and more than 40 lawyers. The team ad - vises on some of the most complex and high-profile matters across the Asia-Pacific region, with deep ex - pertise spanning the full spectrum of competition law – from global merger control to complex enforcement and regulatory disputes. With key offices in Sydney, Melbourne and Perth, the team adopts a multi-disci -

plinary approach, integrating law and economics with a deep understanding of clients’ businesses, indus - tries and regulators. This combination is why leading organisations rely on Gilbert + Tobin to deliver practi - cal, commercially astute advice that keeps pace with the demands of business. The team has acted in high-stakes litigation for major global and Australian clients, achieving successful outcomes in a number of landmark antitrust proceedings.

Authors

Elizabeth Avery is a senior partner and leads Gilbert + Tobin’s market- leading competition, consumer and market regulation group. Combining legal analytics, innovative problem- solving and a practical approach,

Simon Muys is a senior partner in Gilbert + Tobin’s competition,

consumer and market regulation group and leads the Melbourne practice. He’s one of Australia’s top competition lawyers, advising on complex mergers, ACCC investigations, litigation and regulatory issues, particularly in energy, telecommunication, infrastructure and transport. He has worked on many of the most significant competition litigation matters and merger clearances of the last decade, including Tribunal and Federal Court matters. Simon is also a leading adviser on access, pricing and economic regulation. He regularly speaks and writes on competition issues and holds leadership roles with the Law Council of Australia and the International Bar Association.

Elizabeth has a global reputation for achieving her clients’ objectives. She advises on competition law risk in complex matters across many high-stakes situations, including merger clearances, corporate strategy, enforcement litigation and investigations. Drawing on a wealth of experience as an antitrust lawyer at a global firm in New York for many years, Elizabeth also advises on matters with multijurisdictional dimensions and brings a depth of comparative insights. She is regularly invited to speak internationally on Australian competition law.

Jacqueline Reid is a lawyer in Gilbert + Tobin’s competition, consumer and market regulation group. She advises on ACCC investigations, merger clearance, competition law compliance and consumer law

Owen Fischbein is a lawyer in Gilbert + Tobin’s competition, consumer and market regulation group. He advises on all aspects of competition and consumer law, including merger clearance, cartel investigations and

advice. She has been involved in leading competition litigation matters, including complex merger and section 45 proceedings. Jacqueline has a particular interest in logistics, health, aviation, software, communications and financial services industries.

allegations of misuse of market power. Owen advises clients across all sectors, with a particular interest in energy, financial services, private equity and consumer and retail. He is currently acting for clients in two high-profile misuse of market power proceedings.

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