Patrick Gay
Australia
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Articles by Patrick Gay
The European Union - Australia Free Trade Agreement What Does It Contain And When Will Apply?
Morris Schonberg’s articles from Herbert Smith Freehills Kramer LLP are most popular: with Finance and Tax Executives in European Union in European Union in European Union in European Union in European Union in European Union in European Union in European Union in European Union in European Union with readers working within the Law Firm industries On 24 March 2026, the EU and Australia announced the conclusion of their long, drawn-out negotiations for a free trade agreement (“FTA’), together...
ACCC Releases 2026-27 Enforcement Priorities
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
ACCC releases 2026–27 Enforcement Priorities | JD Supra
[co-authors: Zoe Vise, Sofia Plunkett] Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb has announced the ACCC’s compliance and enforcement priorities for 2026–27. At the Australian Competition and Consumer Commission's (ACCC) annual CEDA address which took place on 19 February 2026, ACCC Chair Gina Cass-Gottlieb reflected on the last 12 months of ACCC activity and outlined the ACCC’s compliance and enforcement priorities for 2026-27.
Treasury Updates Merger Rules
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
Treasury Updates Merger Rules
From 1 January 2026, under the new Part IVA Competition and Consumer Act 2010 (Cth) (CCA), businesses may need to notify the ACCC of any acquisition of shares or assets that meet the notification revenue and transaction thresholds. Transactions that meet the notification thresholds (and cannot rely on any exceptions) will need to be notified to the ACCC and approved before completion.
Herbert Smith Freehills Kramer advises Centuria on its purchase of the Southern Hemisphere’s largest glasshouse | Herbert Smith Freehills Kramer | Global law firm
Herbert Smith Freehills Kramer (HSF Kramer) has advised Centuria Capital Group (Centuria) on the A$168 million acquisition of the largest glasshouse facility in the Southern Hemisphere via one of its unlisted agriculture funds. This landmark transaction increased Centuria’s agriculture real estate platform by 25%.
Australia: ACCC cracks down on cartel conduct and takes nuanced approach to sustainable collaborations
Shutterstock/Taras Vyshnya This is an Insight article, written by a selected partner as part of GCR's co-published content. Read more on Insight In summary Cartel enforcement is an ongoing priority for the Australian Competition and Consumer Commission (ACCC), and the ACCC takes an active and vigorous role in enforcing Australia’s cartel laws.
ACCC Releases 2025-26 Enforcement Priorities
As part of the ACCC’s annual CEDA address which took place on 20 February 2025, ACCC Chair Cass-Gottlieb reflected on the last 12 months and outlined… Please login or register to continue reading. Register
ACCC Releases 2025-26 Enforcement Priorities | Herbert Smith Freehills | Global law firm
As part of the ACCC’s annual CEDA address which took place on 20 February 2025, ACCC Chair Cass-Gottlieb reflected on the last 12 months and outlined the ACCC’s compliance and enforcement priorities for 2025-26. There is significant overlap between the areas of enforcement for 2025-26 and those of the preceding year which reflect ongoing cost of living concerns for consumers, as well as cost of business concerns.
Australian Government Introduces Merger Reform Bill
10 October 2024, the Government introduced the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (the Bill). Assuming the Bill is passed, the introduction of a single mandatory, suspensory merger control system is a major development in Australian competition law and will have a material impact on business. The introduction of the Bill follows extensive consultation by Treasury, including consultation on the Exposure Draft.
Merger reforms: Notification thresholds consultation paper published
Treasury today released a Notification Thresholds consultation paper as part of the merger reforms. Treasury is seeking submissions by Friday 20 September. The paper sets out various questions to be addressed in submissions. Following this process, Treasury will then consult on draft implementing subordinate legislation. Our key takeaways are: Treasury proposes separate monetary and market concentration thresholds, each with two formulations (limbs).
ACCC releases 2024 enforcement priorities
The ACCC’s enforcement focus is guided by cost of living pressures and seeks to address the impact of anti-competitive conduct and contraventions of the Australian Consumer Law on the ordinary and reasonable consumer. The address to the Committee for Economic Development of Australia highlights the ACCC’s litigation and broader enforcement focus for the next 12 months.
Greenwashing and ESG in the Australian consumer sector - Part 2
Click here to listen to the audio. In Part 2 of our podcast on greenwashing and ESG in the Australian consumer sector, Sarah Benbow and Patrick Gay look at some situations in Australia where competition in itself may not deliver appropriate ESG outcomes.
Evolving legislation and enforcement tactics help competition authorities fight cartels and abusive conduct
In summary This year’s article once again provides a snapshot of broad trends in competition law enforcement across the Asia-Pacific region. As in earlier years, Asia-Pacific competition authorities have actively pursued cases against domestic and foreign market players alike, while continuing to build capacity and skills.
ACCC releases 2023 enforcement priorities
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As part of the ACCC’s annual CEDA address, Gina Cass-Gottlieb reflected on her first 12 months as Chair of the Australian Competition and Consumer Commission (ACCC) and outlined the ACCC’s compliance and enforcement priorities for 2023-24. In her address Ms Cass-Gottlieb highlighted the ACCC’s litigation and broader enforcement focus for the next 12 months.
By Sarah Benbow, Patrick Clark Verified, Patrick Gay, Paul Burton, Philip Aitken, Caitlin J Setter, Nicola Magyary
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Lexology
Verified
First Custodial Sentences For Cartel Conduct In Australia
Last week, the first custodial sentences were handed down in relation to contraventions of Australia's criminal cartel laws, with custodial sentences ranging from nine months to two years and six months. Background In April 2019 criminal cartel charges were brought against Vina Money Transfer Pty Ltd (Vina Money) for allegedly fixing the Australian dollar / Vietnamese dong exchange rate and fees they charged their customers.
Future Of Consumer APAC: Anti-trust Traps For Sales And Distribution Models
Adelaide Luke (Partner, Hong Kong) and Patrick Gay (Partner, Sydney) discuss common anti-trust pitfalls that arise in distribution systems, including Retail Price Maintenance and exclusivity. They compare and contrast the rules of Australia with some key Asian jurisdictions, highlighting differences that companies need to understand when designing a regional distribution network. They close with a reminder to consider territorial and customer restraints as an anti-trust risk.
Australia's Competition Watchdog Floats Sweeping Reform For Digital Markets
Australia: Australia's Competition Watchdog Floats Sweeping Reform For Digital Markets 07 March 2022 by Linda Evans , Patrick Gay and Sarah Benbow Herbert Smith Freehills To print this article, all you need is to be registered or login on Mondaq.com.
Australia: ACCC sharpens focus on punishing competition contraventions, improving merger control and boosting digital regulation
In summary This article provides a summary of recent developments in Australian competition law and Australian Competition and Consumer Commission (ACCC) areas of focus for 2023. It also provides an overview of the key elements of Australian competition law.
Bill Proposing Civil Penalties And Other Changes To Unfair Contract Terms Regime Introduced To Parliament - Corporate/Commercial Law - Australia
Australia: Bill Proposing Civil Penalties And Other Changes To Unfair Contract Terms Regime Introduced To Parliament 17 February 2022 by Patrick Gay , Stephanie Panayi , Philip Aitken , Gila Segall , Tomas Kemmery and April Whitehead Herbert Smith Freehills To print this article, all you need is to be registered or login on Mondaq.com. On 9 February 2022, legislation amending the unfair contract terms (UCT) regime was introduced into Parliament.
Key learnings from ACCC v Google (No 2) for disclosing data practices | Lexology
Australia April 28 2021 The Federal Court has handed down its decision in Australian Competition and Consumer Commission v Google LLC (No 2) [2021] FCA 367. The decision is important as it shows the continued acceptance by the Federal Court of expert evidence in the field of behavioural economics as a foundation for findings about how consumers understand and react to information in digital environment.
Federal Court Releases Reasons In TPG & Vodafone Merger Case
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ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel | Lexology
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act (CCA). Following a grace period, from 13 September the IP exemption will cease to apply.
Market Intelligence: Cartels in Australia | Lexology
GTDT: What kinds of infringement has the antitrust authority been focusing on recently? Have any industry sectors been under particular scrutiny? Patrick Gay and Sarah Benbow: The priorities of the Australian Competition and Consumer Commission (ACCC) are reflected in its Compliance and Enforcement Policy and Priorities, which is published annually. Unsurprisingly, the investigation and enforcement of cartel conduct continues to be an enduring priority for the ACCC.
ACCC to up the ante in consumer protection matters | Lexology
The ACCC recently released its Annual Report for the 2017/2018 financial year.1 As well as looking back at the ACCC’s performance over the year, for companies operating in the consumer and retail sectors, it also provides useful insights into where the ACCC is heading in the area of consumer protection. The year ahead is likely to be another busy year for the ACCC on consumer protection issues, with a continued focus by the ACCC on proactive enforcement action.
Misuse of Market Power Bill passed
The Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 was passed by both houses of parliament on 15 August 2017, introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010. The changes to section 46 are significant, particularly in requiring scrutiny of the effects or likely effects of market behaviour in assessing breach.
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