Kathryn is recognised as a leader in the provision of competition and consumer law advice and representation. Clients value her technical skills and praise her commercial acumen, excellent response times and solution-based approach.
Kathryn’s expertise covers both non-contentious and contentious aspects of competition and consumer law. She provides advice and representation on compliance with competition laws, including merger clearance applications, drafting and implementing compliance programs, and representing clients in ACCC investigations and prosecutions. Her experience in cartel matters includes representing clients in criminal cartel matters and cross-jurisdictional immunity applications. On consumer law matters, Kathryn has represented clients in some of Australia’s leading cases and regularly provides advertising and marketing reviews. She is an experienced advocate and qualified mediator.
Kathryn’s clients include many global corporations including Microsoft, American Express, Mazda Australia, LG Electronics, eBay Australia & New Zealand, Frucor Suntory, Simplot Australia and Avery Dennison.
Expertise
Kathryn’s expertise includes:
- Advising on compliance with the Competition and Consumer Act and associated state and territory laws, including their interaction with competition laws of overseas countries
- Applications for authorisation and notification to the Australian Competition and Consumer Commission (ACCC) of conduct which is otherwise prohibited
- ACCC investigations
- Applications to the ACCC for immunity from prosecution for cartel conduct
- Representing clients in litigation commenced by the ACCC
- Representing clients in criminal prosecutions for breach of the Competition and Consumer Act
- Drafting and implementing tailored trade practices compliance programs, including dawn raid training
- Representing clients in consumer law litigation, including breaches of the prohibitions on misleading and deceptive conduct, unconscionable conduct and breaches of the statutory consumer guarantees
- Providing advertising and marketing reviews and representing clients before the Advertising Standards Board and providing advice on product safety issues including recalls
- Conducting internal investigations into breaches of competition laws and anti-corruption laws and representing clients in litigation involving the same
Recent Projects
- Acting for the former sales director of Colgate Palmolive in proceedings involving allegations of cartel conduct in the laundry detergent industry.
- Acting for a client in the first criminal cartel prosecution of an individual in Australia.
- Acting for LG Electronics in its successful defence of proceeding brought by the ACCC for alleged misleading conduct in relation to consumer guarantee rights.
- Obtaining merger clearances from the ACCC for Microsoft’s acquisition of Skype and Simplot’s acquisition of brands owned by Symington’s.
- Acting for Mazda Australia in defence of class action proceedings involving recalled Takata airbags.
- Providing ongoing competition and consumer law advice to Microsoft Australia and Microsoft Corporation , including advising on the establishment of the first Microsoft Store in Australia.
- Providing ongoing competition and consumer law advice to Frucor Suntory and to LG Electronics.
- Conducting an internal investigation into conduct involving allegations of corruption in dealings with government officials for a global software solutions company.
Professional Memberships / Accreditation & Activities
- Ranked Lawyer (Band 3) Competition & Anti-trust, Chambers Asia-Pacific
- Leading Individual , Competition & Trade, The Legal 500 Asia Pacific
- Recommended Lawyer, Competition and Trade, Expert Guides’ Women in Business Law
Sector
- Competition, Regulatory & Risk ,