Belinda Harvey
Sydney, New South Wales, Australia
2K followers
500+ connections
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.
Activity
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Proud to be launching the website for the vineyard we planted 6 years ago, Caledon Estate: www.caledonestate.com.au. With two vintages in bottles…
Proud to be launching the website for the vineyard we planted 6 years ago, Caledon Estate: www.caledonestate.com.au. With two vintages in bottles…
Liked by Belinda Harvey
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Getting Back to Business Fundamentals: The Power of the Hustle Today, I’m taking a step back and reflecting on what really drives long-term success…
Getting Back to Business Fundamentals: The Power of the Hustle Today, I’m taking a step back and reflecting on what really drives long-term success…
Liked by Belinda Harvey
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Such a lovely and amazing initiative by #mycompany Gilead! Can’t wait to read it!
Such a lovely and amazing initiative by #mycompany Gilead! Can’t wait to read it!
Liked by Belinda Harvey
Experience
Education
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Current
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Volunteer Experience
Publications
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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. -
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 -
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. -
Agricultural competitiveness in Australia – a new focus of the regulator
Norton Rose Fulbright
Honors & Awards
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Ranked Band 4 in Chambers Competition and Antitrust - Australia
Chambers
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Recognised in Women in Antitrust
Global Competition Review
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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..."
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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."
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Women in Business Law Awards 2019, 2021
Euromoney Legal Media Group Asia
For Competition and Antitrust in Asia Pacific
More activity by Belinda
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Such a wonderful resource!! Thank you to each and every person involved in this project. Amazing!!
Such a wonderful resource!! Thank you to each and every person involved in this project. Amazing!!
Liked by Belinda Harvey
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For those following the US elections, you'll be interested to hear that two of the five candidates for president are using Vloggi to collect…
For those following the US elections, you'll be interested to hear that two of the five candidates for president are using Vloggi to collect…
Liked by Belinda Harvey
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It was great to be back at the University of Sydney last night for my annual lecture to postgraduate law students on the relevance of economics to…
It was great to be back at the University of Sydney last night for my annual lecture to postgraduate law students on the relevance of economics to…
Liked by Belinda Harvey
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Possibly my career highlight, a 5-2 result in the HCA having appeared as counsel, led by Shane Doyle KC (and with Simon Davis). Many thanks to my…
Possibly my career highlight, a 5-2 result in the HCA having appeared as counsel, led by Shane Doyle KC (and with Simon Davis). Many thanks to my…
Liked by Belinda Harvey
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Check out this great interview with White & Case LLP antitrust partner Assimakis Komninos by Linda A. Thompson on Law.com International! His open and…
Check out this great interview with White & Case LLP antitrust partner Assimakis Komninos by Linda A. Thompson on Law.com International! His open and…
Liked by Belinda Harvey
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We are thrilled to announce that we have signed a Memorandum of Understanding (MoU) with GE Healthcare, marking the beginning of an exciting journey…
We are thrilled to announce that we have signed a Memorandum of Understanding (MoU) with GE Healthcare, marking the beginning of an exciting journey…
Liked by Belinda Harvey
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Super excited about this! Please go to your favourite podcast app and search and follow. First two episodes out next week!!
Super excited about this! Please go to your favourite podcast app and search and follow. First two episodes out next week!!
Liked by Belinda Harvey
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This episode of "On the Record with White & Case" features a powerful conversation with Hedieh Fakhriyazdi, Chief Diversity Officer, based in our New…
This episode of "On the Record with White & Case" features a powerful conversation with Hedieh Fakhriyazdi, Chief Diversity Officer, based in our New…
Shared by Belinda Harvey
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