The Competition & Market Regulation group at Freehills is expert in providing advice to infrastructure owners and access seekers in respect of the various access regimes which apply under Australian legislation.

Our group has extensive experience in respect of access issues and disputes across a broad spectrum of industries including energy, airports, rail, payment systems, ports and telecommunication regimes.  

We also provide strategic advice to buyers, sellers and financiers on the access and regulatory issues involved in corporate transactions, such as the acquisition of the Dampier to Bunbury Natural Gas Pipeline.

In addition, we assist clients who are subject to industry-specific regulation to achieve their commercial objectives by helping them to manage and shape their regulatory environment.

This all ensures that our clients are well-placed to take commercial advantage of growth opportunities while complying with industry specific regulation.

Examples of our recent experience include:

Papua New Guinea: Freehills has advised the PNG Government on extensive reforms to the information and communications technology sector in PNG. This has included the formulation and implementation of the recently introduced National ICT Policy and the framing of the National ICT Act. By these reforms PNG has an entirely new licensing regime and new ICT regulator and other features of an effective, world class regulatory scheme for the industry.

National electricity regulatory framework: Freehills advises numerous clients on the application of the National Electricity Rules and related legislation, including on issues relating to access to the national electricity network infrastructure.

Jemena Limited: Freehills acted for Jemena in its application to the Australian Competition Tribunal in connection with a decision by the Australian Energy Regulator. The application succeeded in varying the regulator’s decision and was the first occasion when a distributor in Victoria has succeeded in securing a regulatory determination which includes related party management fees.

Telstra: Freehills advised Telstra in relation to regulatory issues, particularly in relation to infrastructure access pricing.

Port Waratah capacity issues: Freehills advised coal producers who successfully opposed an authorisation application by Port Waratah Coal Services (PWCS), Queensland Rail and Pacific National, in relation to a vessel queue management system for Port Waratah (near Newcastle). Port Waratah is the major route to export for Hunter Valley coal producers and has been subject to capacity bottlenecks and vessel queues in recent times. Freehills also advised Peabody Coal in related court proceedings against Pacific National and in relation to the inquiry by Nick Greiner into the appropriate solution for managing capacity at the bottleneck facility.

Sydney Airport's High Court challenge of access arrangements: Freehills represented Sydney Airport in a judicial review of the decision of the Australian Competition Tribunal relating to an application for access by Virgin Airways. The matter required an examination of the fundamental purpose and construction of the National Access Regime under the Trade Practices Act 1974.

Dalrymple Bay Coal Terminal access arrangements: Freehills acted for the owner of the Dalrymple Bay Coal Terminal in the preparation of, and submissions to the Queensland Competition Authority relating to the access undertaking at the terminal, the price arbitration with access seekers and the negotiation of the standard access agreements.