Competition Issues

Frontier has an extensive competition practice and this has required us to give advice on issues on the interface between competition and IP. This has arisen in two circumstances. This first is when IP rights give firms some market power and issues arise as to whether particular conduct constitutes an abuse of that market power. The second circumstance is the conduct of holders of IP rights in forming collecting societies to enforce those rights.

Frontier was retained by the Australasian Performing Right Association (APRA) to assist it in its appeal to the Australian Competition Tribunal against the decision of the Australian Competition and Consumer Commission (ACCC) in its application for authorisation of the rules that govern its structure and operations.  In a landmark decision, the Tribunal granted authorisation of APRA’s rules.