Prudence Smith is a highly experienced competition law practitioner who advises clients on a full range of competition regulatory law issues. She has extensive experience in merger clearance, cartel and anticompetitive conduct investigations and litigation, ACCC immunities, authorizations, and notifications of contracts affecting competition. Prudence’s background includes more than 14 years at the Australian Competition and Consumer Commission (ACCC), many of those years as an ACCC internal lawyer. She also has considerable experience in the information and evidence gathering and sharing processes of the ACCC. In particular, she was responsible, on numerous occasions, for the preparation and enforcement of statutory notices pursuant to section 155 of the competition statute and instructed on large number of examinations. Since joining Jones Day, Prudence has assisted clients in responding to these notices, including in relation to allegations of criminal conduct. Prudence is active in mentoring women lawyers beginning their careers, especially those focusing on competition law.
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The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement process for public tenders. The ACCC cautioned agencies of the Australian government (the "Government") to be on guard against "bid-rigging" (...)
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In Short The Situation : The leadership of the Australian Competition and Consumer Commission ("ACCC") has put forward a series of sweeping proposals that, if implemented, would be the most substantial changes to Australian antitrust merger laws in nearly 30 years. The Context : Today, merger (...)
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In Short The Development : The Bundestag, the German legislature, amended Germany’s antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple markets." The amendments, known as the GWB Digitization Act or ARC (...)
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Energy retailers have a fresh impetus to abide by reporting obligations imposed by the Australian Energy Regulator ("AER") after the judgment in Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623. The court ordered by consent a $1.3 million penalty against AGL (one of (...)
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INTRODUCTION The CMA has recently issued its Final Report in the Market Study into Online Platforms and Digital Advertising (“Final Report”), which sets forth its findings and recommendations from its investigation of markets involving online platforms funded by digital advertising. In parallel, (...)
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Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply with certain competition rules from which they previously enjoyed an (...)
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In Short The Development : The Australian Competition and Consumer Commission ("ACCC") recently issued new guidelines regarding compulsory information requests. The guidelines clarify application of the "reasonable search defense" against ACCC charges that a company’s response to ACCC requests (...)
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The Australian Competition and Consumer Commission ("ACCC") has opposed the proposed $15 billion merger of telecom providers TPG Telecom Limited ("TPG") and Vodafone Hutchison Australia Pty Ltd ("Vodafone"). The ACCC’s opposition is significant because the parties do not compete in the same (...)
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards (...)
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Australia experiments with a "third way" on resale price restrictions* Resale price maintenance (RPM) occurs when a manufacture or distributor and a wholesaler prevents a retail or distributor from selling below a specified price Since the US Federal Courts decided Leegin in 2007 there has (...)
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