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Ayman Guirguis

Partner
+61.2.9513.2308
Fax +61.2.9513.2399

Mr. Guirguis advises clients on all aspects of antitrust/competition law as well as consumer law.

He has a wealth of experience advising clients on merger clearance, joint ventures and on supply chain arrangements between suppliers and customers.

Mr. Guirguis regularly advises on, and responds to, regulatory investigations by the Australian Competition & Consumer Commission (ACCC) alleging cartel conduct (price fixing, market sharing or bid rigging), including making immunity and leniency applications, competitor interactions at Industry Associations, as well as on other anti-competitive allegations such as misuse of market power, exclusivities, including defending litigation commenced by the ACCC.

He also counsels clients on the Australian Consumer Law, including advertising and sales and marketing practices and compliance programs and audits.

Mr. Guirguis has acted for clients across a range of industries including petroleum, oil and gas, property and construction, financial services, packaging, IT, retail, including food and fast moving consumer goods (FMCG) and pharmaceutical.

Professional Background

Prior to joining K&L Gates Mr. Guirguis was a partner of two national Australian firms for a period of 16 years. He was also a senior officer in both the Mergers Branch and Enforcement branches of the ACCC

Achievements

  • Listed in Best Lawyers from 2013 to 2016 for Competition Law.
  • Listed in Asia Pacific Legal 500 2015 for Competition and Trade.
  • Listed in Chambers Asia Pacific from 2008 to 2017 for Competition/Antitrust.
  • Listed in Global Competition Review’s Who’s Who Legal from 2012 – 2016 for Competition.
  • Australian Non-Government Adviser representative of the International Competition Network 2009 – 2015.

Professional/Civic Activities

  • Law Council of Australia Competition and Consumer Law Committee member
  • American Bar Association member
  • International Bar Association member
  • Association Of Corporate Counsel member
  • Law Society of New South Wales member

Additional Information

Mr. Guirguis has experience defending court actions by the ACCC and other market participants and advising on, setting up and implementing competition law and consumer law compliance programs.

Mr. Guirguis has authored numerous articles on the areas of Competition and Antitrust Law, particularly regarding cartel conduct and the immunity process in Australia and the Australian Consumer Law.

Merger Clearance

  • Obtaining clearance for Archer Daniels Midland's proposed AUD3.4 billion takeover of GrainCorp.
  • Obtaining clearance for the sale of Australian Power & Gas to AGL.
  • Obtaining clearance for ExxonMobil’s sale of its Australian retail assets to Caltex and ultimately to 7-Eleven.
  • Advising IOOF on merger control issues and on the acquisition of an interest in Equity Trustees.
  • Obtaining clearance in Australia and New Zealand for the proposed acquisition by Visy Industries of the plastics business of HP Industries.
  • Advising Stockland on the sale of the Glenmore Ridge supermarket site to Woolworths.
  • Obtaining clearance for Guala Closures’ acquisition of the wine closures business of ASA-DGS.
  • Obtaining clearance for IncitecPivot’s proposed clearance of Burrup Fertilisers.
  • Obtaining clearance for a number of acquisitions by Hewlett-Packard.

Investigations, Litigation and Advisory

  • Defending Hewlett-Packard in proceedings commenced by the ACCC alleging misleading or deceptive conduct and breaches of the Australian Consumer Guarantee regime.
  • Defending ExxonMobil in Australia’s largest 'dawn raids' by the ACCC alleging price fixing in the petroleum and bitumen industries and successfully defending proceedings commenced by the ACCC alleging price fixing.
  • Defending Campbell Arnott’s in an ACCC investigation of claims by its biscuit business.
  • Defending Australian Power & Gas in proceedings commenced by the ACCC alleging misleading and deceptive conduct and unconscionable conduct.
  • Acting for Goodman Fielder in litigations against Unilever and George Weston Foods.
  • Acting for each of Goodyear and De-Longhi in relation to allegations by the ACCC of misleading conduct in respect of environmental claims.
  • Advising ANZ Banking Group in relation to various enquiries and ACCC litigation and more generally, advising its consumer business on credit card and ATM issues, as well as other suppliers of financial services including Macquarie Bank, UBS and GE.
  • Advising industry associations such as the Australian Medical Association, the Australian Dental Association and the Australian Steel Institute regarding various competition issues and initiatives.

 
Compliance Program Rollout and Training

  • Rolling out national compliance programs for Hewlett-Packard, Visy Industries, Honda Australia, CIMIC/Leighton Group companies, De-Longhi and Goodyear.
  • Providing compliance training to ANZ, Australia Post, Goodman Fielder and Stockland.