Herbert Smith Freehills (Sydney)

Patrick Gay

Herbert Smith Freehills (Sydney)
Lawyer (Partner)

Patrick has significant experience across all areas of competition law, including distribution arrangements, cartel arrangements and merger matters. Patrick has extensive experience across all aspects of Australian competition law and advises clients in relation to cartels, authorisation applications, market investigations and the structuring of commercial agreements and joint ventures. He has significant experience in contentious merger matters before the ACCC and the Australian Competition Tribunal, as well as acting for clients with matters before the Federal Court. Patrick also advises on issues under the Australian Consumer Law. Patrick holds a Bachelor of Arts from McGill University, Montreal, and a Bachelor of Laws and a Master of Public Administration from Dalhousie University Halifax, Nova Scotia. Patrick has acted as a legal affairs officer at the World Trade Organization in Geneva Switzerland and was previously an associate in the competition and international trade law departments of a major Canadian firm.

Linked authors

Herbert Smith Freehills (Melbourne)
Herbert Smith Freehills (Sydney)
Herbert Smith Freehills (Sydney)
Herbert Smith Freehills (Melbourne)
Herbert Smith Freehills (Sydney)

Articles

366 Bulletin

Liza Carver, Patrick Gay, Sarah Benbow, Paul Burton The Australian Full Court dismisses the Competition Authority’s appeal in its attempt to prohibit a merger and confirms the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially lessening competition (Pacific National / Aurizon)

15

The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially (...)

Liza Carver, Patrick Gay, Rebecca Maslen-Stannage, Bruce Ramsay The Australian Federal Court declares that a proposed merger in the retail mobile market would not substantially lessen competition (TPG / Vodafone)

11

On 13 February 2020, the Federal Court of Australia declared that the proposed merger between TPG Telecom Limited (TPG) and Vodafone Hutchison Australia (Vodafone) would not have the likely effect of substantially lessening competition in the retail mobile market, and therefore would not (...)

Liza Carver, Matthew Bull, Patrick Gay, Sarah Benbow The Australian Competition Authority issues an appeal against the Federal Court’s decision which try to dismiss the Competition authority proceeding in a acquisition (Pacific National / Aurizon)

35

On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated that its appeal will focus on the ability of courts to accept undertakings given the ACCC’s concerns about the ability of access undertakings to resolve (...)

Matthew Bull, Liza Carver, Patrick Gay The Australian Federal Court imposes a fines of $1,05m for for engaging in ‘gun jumping’ cartel conduct in a asset sale agreement in the clinical market (Cryosite / Cell Care)

22

On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their (...)

Patrick Sands, Sarah Benbow, Patrick Gay The Australian Federal Court dismisses an appeal by the Competition Authority against a judgement establishing market power in the pharmaceutical sector (Pfizer)

40

The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited (...)

Merryn Quayle, Grant Marjoribanks, Patrick Gay The Australian Competition Authority does not seek judicial review of the National Competition Tribunal’s authorisation of a merger in the entertainment sector (Tabcorp / Tatts)

27

CrownBet and the Australian Competition and Consumer Commission (ACCC) have confirmed that they will not be seeking judicial review of the Australian Competition Tribunal’s authorisation of Tabcorp Holdings Limited’s (Tabcorp’s) acquisition of Tatts Group Limited (Tatts), paving the way for the (...)

Grant Marjoribanks, Patrick Gay, Merryn Quayle The Australian Competition Tribunal publishes its reasons for granting the merger authorisation in the entertainment sector (Tabcorp / Tatts)

29

The Australian Competition Tribunal has now published its reasons for granting authorisation to Tabcorp Holdings Limited to acquire Tatts (see our original legal briefing here). Herbert Smith Freehills acted for Tabcorp in its successful merger authorisation application. To authorise the (...)

Patrick Gay, Grant Marjoribanks The Australian Competition Authority gives undertaking the green light to proceed with its $11 bn merger after the granting authorisation to acquire shares as set out in their merger implementation deed (Tabcorp / Tatts)

28

On Tuesday the Australian Competition Tribunal gave Tabcorp Holdings Limited (Tabcorp), represented by Herbert Smith Freehills, the green light to proceed with its $11 billion merger with Tatts after the granting authorisation to acquire shares in Tatts Group Limited as set out in their Merger (...)

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