Belinda Harvey

Belinda Harvey

Sydney, New South Wales, Australia
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About

A competition, antitrust and regulatory specialist advising on all aspects of competition law compliance and regulation, with particular expertise in advising on, structuring and obtaining merger clearance for Australia, Papua New Guinea and cross-border transactions.

Specialist competition/antitrust experience in mergers, the structuring of joint ventures and other collaborative arrangements within the bounds of competition law, supply chains, to-market strategies and navigating anti-competitive conduct obligations. Commercial solutions orientated.

Detailed understanding of operations and significant experience in advising on the competition/antitrust implications in the pharmaceuticals, life sciences and healthcare sectors, financial markets, digital, transport, travel and the retail industry, including FMCG.

Experience in advising on the economic regulation of utilities, including the electricity, gas and transport sectors under relevant national and state-based regulatory frameworks, contract negotiation and key liabilities of stakeholders along the supply chain. Ports and rail access experience including advising on access and declarations.

Ranked by Chambers for Competition/Antitrust - Australia:
Belinda Harvey advises an industrially diverse body of prominent clients on securing merger clearances. Clients highlight her "strong practical knowledge," "very attentive" service and "understanding of how the regulator operates."

Highlights:
Advising on the competitive sale process for the Spotless Laundries business, including two competing bids in Phase II merger clearances.

Achieving clearance for Connective in its proposed merger with Australian Financial Group after a "red light" Statement of Issues in a Phase II review.

Obtaining Australian competition clearance for Gemalto's EUR4.8billion purchase by Thales.

Obtaining competition clearance for Energizer's proposed acquisition of Spectrum Brands Battery and Lighting business in Australia.

Achieving competition clearance for OfficeMax's merger with WINC in a Phase II ACCC investigation.

Achieving competition clearance for IPMG on its merger with PMP in a Phase II ACCC investigation.

Acting for Life Technologies Corporation in respect of merger filings arising from the US$13.6bn global acquisition by Thermo Fisher Scientific.

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Publications

  • Investments in Australia – the regulatory clearance interplay

    Foreign direct investment (FDI) accounted for $36.6 billion of investments in Australia in 2021.1 With prominent levels of M&A activity,2 private equity and investment funds are increasingly in the spotlight from antitrust regulators around the globe. This is not an altogether new focus.3 However, antitrust regulators are increasingly highlighting the need to explore in further detail the effects of a portfolio of investments across an industry and the extent to which multiple minority…

    Foreign direct investment (FDI) accounted for $36.6 billion of investments in Australia in 2021.1 With prominent levels of M&A activity,2 private equity and investment funds are increasingly in the spotlight from antitrust regulators around the globe. This is not an altogether new focus.3 However, antitrust regulators are increasingly highlighting the need to explore in further detail the effects of a portfolio of investments across an industry and the extent to which multiple minority interests has the potential to hinder effective competition. Understanding, and planning for, these particular considerations assist with shaping the deal, will inform the clearance strategy and, ultimately, mitigate clearance risk.

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  • Restraints on competition through the licensing of IP - the effect of the repeal of the IP exception

    Norton Rose Fulbright

    Conditions attached to the licensing or assignment of intellectual property (IP) have benefited from an exception to certain provisions of the Competition and Consumer Act 2010 (Cth) (CCA) under section 51(3) (IP Exception). The IP Exception previously excused conduct even if it was anti-competitive conduct, in purpose or effect, or cartel conduct, provided it was not a misuse of market power or resale price maintenance by reason of IP licensing.

    From 12 September 2019, any…

    Conditions attached to the licensing or assignment of intellectual property (IP) have benefited from an exception to certain provisions of the Competition and Consumer Act 2010 (Cth) (CCA) under section 51(3) (IP Exception). The IP Exception previously excused conduct even if it was anti-competitive conduct, in purpose or effect, or cartel conduct, provided it was not a misuse of market power or resale price maintenance by reason of IP licensing.

    From 12 September 2019, any arrangements that have relied on the long-standing exception will now be subject to all prohibitions, including cartel conduct, and under scrutiny as to the purpose or the effect of the restrictions attached to the granting of IP rights.

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  • Antitrust, the constant constraint on pharmaceuticals, healthcare and life sciences - where the action has been in 2018 and what lies ahead

    The principles underpinning competition / antitrust laws are global and as such, the competition implications of transactions, commercial dealings and even unilateral decisions, in addition to the effect of representations made to consumers, are far reaching. The Pharmaceutical, Healthcare and Life Sciences (PHL) sector is one of a number that is a priority for the Australian competition regulator – the Australian Competition and Consumer Commission (ACCC).

    We take a look at the…

    The principles underpinning competition / antitrust laws are global and as such, the competition implications of transactions, commercial dealings and even unilateral decisions, in addition to the effect of representations made to consumers, are far reaching. The Pharmaceutical, Healthcare and Life Sciences (PHL) sector is one of a number that is a priority for the Australian competition regulator – the Australian Competition and Consumer Commission (ACCC).

    We take a look at the investigations, actions and outcomes of competition / antitrust law in Australia in 2018 and provide some insights into the points of exposure for the industries in the PHL sector in 2019

    See publication

  • Guide to doing global deals: 10 things for in-house to consider

    Competition World

    Multi-jurisdictional merger control is complex. Here are the top 10 things to consider from a competition/anti-trust perspective in any cross-border merger.

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  • A cap on excessive payment surcharges

    Competition & Consumer Law News Vol 32 No.7

    The discretion a merchant has previously had in setting its fee for acceptance of card payments is coming to an end. Merchants must now quantify any surcharge against exhaustive criteria of acceptable costs. From 1 September 2016, “large” merchants will be prohibited
    from charging a payment surcharge for card transactions that is excessive, and from 1 September 2017, all other merchants will be caught by the prohibition. The regime that prohibits excessive payment surcharges, and will…

    The discretion a merchant has previously had in setting its fee for acceptance of card payments is coming to an end. Merchants must now quantify any surcharge against exhaustive criteria of acceptable costs. From 1 September 2016, “large” merchants will be prohibited
    from charging a payment surcharge for card transactions that is excessive, and from 1 September 2017, all other merchants will be caught by the prohibition. The regime that prohibits excessive payment surcharges, and will effectively cap the amount a merchant is entitled to recover as a cost of accepting a card payment, is a combination of amendments to the Competition and
    Consumer Act 2010 (Cth) and a new surcharging framework imposed by the Reserve Bank of Australia.

    See publication

  • Agricultural competitiveness in Australia – a new focus of the regulator

    Norton Rose Fulbright

    See publication

  • Australia on the cusp of legislative change

    Norton Rose Fulbright

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Honors & Awards

  • Ranked Band 4 in Chambers Competition and Antitrust - Australia

    Chambers

  • Recognised in Women in Antitrust

    Global Competition Review

  • Recognised in Legal 500

    Legal 500

    Client feedback: "Belinda Harvey is extremely personable and professional. She has a deep knowledge of competition law and how the ACCC operate, holds excellent relationships with various levels at the ACCC which proved invaluable and was able to quickly understand our business and rapidly drill into the fundamental issues to solve. She is highly responsive at all hours of the day and was an absolute pleasure to work with..."

  • Ranked Up and Coming in Chambers Competition and Antitrust - Australia

    Chambers

    Belinda Harvey advises an industrially diverse body of prominent clients on securing merger clearances. Clients highlight her "strong practical knowledge," "very attentive" service and "understanding of how the regulator operates."

  • Women in Business Law Awards 2019, 2021

    Euromoney Legal Media Group Asia

    For Competition and Antitrust in Asia Pacific

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