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Patrick Gay

Partner

Patrick is a partner in the Competition, Regulation and Trade team in Sydney.

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Experience

Patrick has significant experience across all areas of competition law, including distribution and cartel arrangements as well as merger matters. Patrick also advises companies on their Australian Consumer Law obligations

Patrick is the co-author of the chapter on competition law and joint ventures in ‘Before You Tie The Knot: Contemporary issues in Joint Venture Law’ and of the chapter on merger clearance law in ‘Towns Under Siege: Developments in Australian takeovers and schemes’.

Patrick is listed as a recommended competition lawyer in Australia by Best Lawyers, Global Competition Review, Chambers Asia Pacific and Who’s Who Legal.

Examples of clients and matters in which Patrick has been involved include:

  • Tabcorp – representing Tabcorp before the ACCC and the Australian Competition Tribunal in its successful acquisition of Tatts. This was one of the landmark merger matters of recent years. Patrick is a long term advisor to Tabcorp and has also advised Tabcorp on a range of other acquisitions as well as distribution arrangements.
  • Metcash – advising Metcash in securing ACCC clearance for the acquisition of Home Timber and Hardware. This was a merger of the #1 and #2 hardware wholesalers in Australia. Patrick has also provided advice to Metcash on a wide range of competition matters including in respect of its supply agreements with manufacturers and arrangements with retailers.
  • Visa – advising Visa in respect of a variety of competition and regulatory issues, including negotiating the settlement of misuse of market power proceedings with the ACCC. Patrick is also recently advised Visa in regards to private party proceedings alleging a competition law contravention.
  • Aspen Pharmacare – advising Aspen on a variety of competition law issues, including in respect of mergers and acquisitions and competition law issues associated with the distribution of pharmaceuticals.
  • Garmin – acting for Garmin Australia in Federal Court proceedings commenced by a former Garmin distributor alleging misuse of market power. Patrick has also advised Garmin on a wide variety of consumer law issues.
  • A major financial institution – Patrick has advised a major financial institution in respect of a key comparative advertising campaign and whether the campaign raised issues under the ACL.
  • A car rental company – Patrick successfully negotiated an out of court settlement arrangement with the ACCC regarding alleged misrepresentations in advertising and promotional materials.
  • CBA – advising CommInsure in respect of the sale of its life insurance business to AIA.

Background

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.