Prudence Smith's practice is focused on competition and regulatory law. Drawing on her many years as an officer within the Australian competition regulator, she is able to help clients achieve favorable outcomes in contentious matters. She advises and represents clients in Australia, New Zealand, Singapore (with locally registered Jones Day lawyers), and throughout the Association of Southeast Asian Nations (ASEAN).
Prudence advises clients on a broad range of competition law issues, including cartel and anticompetitive conduct investigations, authorizations, and notifications. She also regularly advises on significant and complex merger clearances and joint ventures, including many cross-jurisdictional transactions. She has in-depth experience in complex competition and consumer litigation and is regularly sought out by clients that are facing significant and complex private litigation issues involving competition law (such as private actions for anticompetitive conduct, including refusal to deal or misuse of market power) or misleading and deceptive conduct representations. Prudence is also often called on by clients who have received a statutory notice from the Australian Competition and Consumer Commission (ACCC) for the production of evidence or who are the subject of a search warrant.
Prudence is experienced in representing clients before the ACCC, Australian Energy Regulator (AER), Australian Prudential Regulation Authority (APRA), Australian Communications and Media Authority (ACMA), Australian Securities and Investments Commission (ASIC), Office of Drug Control (ODC), Anti-Dumping Commission (ADC), and the Australian Transaction Reports and Analysis Centre (AUSTRAC).
The following represents experience in significant matters in the public domain acquired prior to joining Jones Day.
All matters were considered under either the Trade Practices Act 1974 (Cth) or the Competition and Consumer Act 2010 (Cth) as appropriate and all references to sections or parts are contained within these Acts.
Media and entertainment
Advised the ACCC in relation to the 2013 acquisition of shares in Consolidated Media Holdings by Seven Group Holdings. The acquisition was opposed by the ACCC and was considered in the context of free to air television.
Advised the ACCC in relation to the 2012 acquisition of Austar by Foxtel. The acquisition was allowed to proceed following the acceptance of section 87B undertakings. The areas for consideration in this transaction were in relation to cable television, acquiring content, broadband, and voice telephone products.
Advised the ACCC in relation to the 2011 proposed joint venture between Universal Studios International and Sony Pictures Home Entertainment in relation to the distribution of home entertainment product such as DVDs.
Transport. logistics, and infrastructure
Advised the ACCC in relation to the International Air Cargo Cartel litigation before the Federal Court of Australia. In Australia, the ACCC pursued 15 local, European, and Asian based airlines for price fixing in the Australian air cargo market. The Federal Court ordered total penalties in Australia of almost $100 million from 13 airlines. A judgment against two other airlines is outstanding.
Advised the ACCC in relation to the 2011 application by Qantas Airways and American Airlines for authorization of a Joint Business Agreement.
Advised the ACCC in relation to the 2010 application for authorisation by Virgin Blue and Air New Zealand of an alliance in relation to passenger services between Australia and New Zealand. The authorization was granted subject to conditions.
Advised the ACCC in relation to the 2009 application for authorisation in relation to a joint venture between Virgin Blue, Delta, and other related airlines on trans-Pacific routes.
Advised the ACCC in relation to the 2011 application by NBN Co Limited (NBN Co) for authorization for particular provisions of an agreement between itself and SingTel Optus Pty Ltd and other Optus entities (Optus) to migrate Optus' hybrid fiber coaxial cable (HFC) subscribers to the national broadband network (NBN).
Advised the ACCC in relation to a 2007 proposed joint venture between Onesteel and Smorgon Steel for the joint production of pipe and rectangular hollow section.
Advised the ACCC in relation to the 2007 acquisition of Smorgon Steel Group Limited by OneSteel Limited. The acquisition was allowed to proceed following the ACCC’s acceptance of section 87B undertakings. This matter considered competition in respect of certain manufactured steel products, scrap metal processing, and the supply of steel product to grinding media manufacturers and mining companies.
Advised the ACCC in relation to its 2012/3 investigation under Part IV of shopper docket petrol discount practices of both Woolworths and Coles.
Advised the ACCC in relation to the 2010 proposal to acquire Interfrank (Franklins) by Metcash. The matter was opposed by the ACCC. Upon the advice by Metcash that it intended to proceed with the proposed acquisition, the ACCC filed the matter in the Federal Court – ACCC v Metcash Trading Limited  FCA 967. The matter was also heard by the Full Federal Court in 2011 ACCC v Metcash Trading Limited (2011) FCR 297.
Advised the ACCC in relation to the revocation of an exclusive dealing notification by Nestle Australia Limited and the application by Nestle for review of the ACCC’s decision to the Australian Competition Tribunal in relation to Nescafe coffee imported and sold by Aldi in its supermarkets.
Advised the ACCC in relation to the 2009 proposed merger of Vodafone and Hutchison 3G in certain retail and wholesale telephony markets.
Advised the ACCC in relation to the 2006 proposed acquisition of Wattyl by Barloworld. The proposed acquisition was opposed by the ACCC and abandoned by the parties.
Advised the ACCC in relation to the 2013 proposed acquisition of Sigma Pharmaceuticals by Aspen Pharmacare. The acquisition was allowed to proceed following the ACCC’s acceptance of section 87B undertakings. The areas of assessment in this matter included the provision of certain pharmaceutical products.
Advised the ACCC in relation to the 2012 proposed acquisition of certain pathology businesses of Healthscope Limited by Sonic Healthcare. The acquisition was allowed to proceed following the ACCC’s acceptance of section 87B undertakings. The areas of assessment in this matter included the provision of pathology services in various geographic markets.
Advised the ACCC in relation to the 2010 application for authorization by the Generic Medicines Industry Association of their code of practice. Authorization was granted on the basis of conditions.
Advised the ACCC in relation to the 2004 proposal to acquire DCA’s radiology business by MIA. The ACCC accepted both structural and behavioral undertakings before permitting the proposal to proceed. The areas of assessment focused on various radiology or imaging services in Adelaide and areas in the Barossa.
Advised the ACCC in relation to the 2003 acquisition of NRMA Health by MBF. The area of assessment was in respect of private health insurance.
Advised in respect of a failure to comply with a mandatory safety standard in relation to child car safety restraints, and oversaw ministerial recall.
Advised and conducted litigation before the Federal Court (ACCC v MHG Plastics Industries Pty Limited  FCA 788) and Full Federal Court (MHG Plastic Industries Pty Limited v ACCC  FCA 1069) in 1999 in respect of a failure to comply with a mandatory safety code in relation to motorcycle helmets by MHG Australia.
Advised the ACCC in relation to the 2010 proposed joint venture between Rio Tinto by BHP Billiton. The matter did not proceed and was considered in the context of various forms of iron ore including lump and fines.
Advised the ACCC in relation to the 2008 proposed acquisition of Rio Tinto by BHP Billiton. The matter did not proceed and was considered in the context of various forms of iron ore including lump and fines.
Australian Competition and Consumer Commission Issues Guidance on Its Information Gathering Authority
- February 2020
The Australian Chapter in The Cartels and Leniency Review - Edition 8
- January 2019
The Australian Chapter in The Cartels and Leniency Review - Edition 7
- March 4, 2020
Brisbane General Counsel Seminar: Common interest privilege and privilege update
- March 12, 2019
Brisbane General Counsel Seminar: Ethics - When good lawyers go bad.
- August 24, 2018
UNSW Seminar - Regulation, Litigation and Enforcement (ACCC - Individuals and Enforcement Issues)
- March 13, 2018
Brisbane General Counsel Seminar: Emerging issues for corporate counsel and Joint Ventures; Topical and Current Issues
- March 16-17, 2017
Brisbane General Counsel Seminar: Issues in Competition and Consumer Law – Unfair Contracts regime, the ACCC’s focus in 2017 and common competition slip ups including with notices
- March 15, 2017
Impacts of antitrust laws throughout ASEAN to its operations
- September 22, 2016
Regulation, Litigation and Enforcement - Individuals and enforcement issues
- April, 6 2016
Simplifying Expert Evidence to Achieve Better Results
- May 6, 2015
Georgetown University's Government Affairs Institute: Economics Institute for Competition Enforcement Officials
- April 28, 2015
Individuals and Competition Law in Australia, Japan and the United States
- August 4, 2014
Opportunities & Risks: Competition Law Developments in the Asia-Pacific
- July 22, 2014
ACCC Statutory Notices: Strategies and Tips
- The College of Law, St Leonards (Graduate Diploma in Legal Practice 2004); University of New South Wales (LL.B. 2004; M.Com. 1999; M.A. 1998; B.A. 1995)
- High Court of Australia, Supreme Court of New South Wales, and High Court of New Zealand
- Served with the Australian Competition and Consumer Commission (ACCC) (1999-2014), including as principal lawyer in the Enforcement and Compliance Unit and Trade Practices and Litigation Unit (Mergers and Adjudication Sub-Unit)
Best Lawyers in Australia — regulatory practice (2020)
Chambers Asia-Pacific — Australia: competition/antitrust (2020 and 2017)
Legal 500 Asia Pacific — Australia: competition and trade (2020 and 2015)