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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.

Mr. Guirguis 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.

Mr. Guirguis also counsels clients on the Australian Consumer Law, including advertising and sales, marketing practices as well as 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

  • Ranked as one of Australia's leading lawyers in Competition Law by Best Lawyers (2013 - 2020)
  • Listed in Chambers Asia Pacific for Competition/Antitrust, 2008 – 2019
  • Ayman Guirguis is "a highly regarded competition lawyer whose practice combines a number of sector-specific skills with broad competition expertise. A satisfied client reports: He gets to the point, is at the forefront of the industry and regulation and is always pre-empting issues for us in an unprompted way." (Chambers Asia Pacific 2019)
  • Ayman Guirguis is described as "very commercial and practical." (Legal 500 Asia Pacific 2019)
  • Ayman Guirguis is "well known in the market for his deep experience across all areas of Australian competition law. His dedication to his clients is also appreciated by interviewees, one of whom notes: Ayman is incredibly responsive and reliable and always makes you feel like your matter is top priority. He always goes out of his way to provide excellent service and to understand his client's business." (Chambers Asia Pacific 2018)
  • Ayman Guirguis is "easy to work with and showcases a commercial approach with great breadth and depth of knowledge." (Legal 500 Asia Pacific 2018)
  • Recognised in Regulatory Compliance and Investigations by Legal 500 Asia Pacific, 2018 – 2019
  • Recognised in Competition and Trade by Legal 500 Asia Pacific, 2018 – 2019
  • Listed in Global Competition Review’s Who’s Who Legal for Competition, 2012 – 2019
  • Listed in Legal 500 Asia Pacific for Competition and Trade, 2015 – 2017
  • Australian Non-Government Adviser representative of the International Competition Network, 2009 – 2017

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.

Publications
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.
  • Chapter 2 Australia, The Cartels and Leniency Review - Edition 3, January 2015
  • Chapter 1 - Australia, The Dominance & Monopolies Review, September 2014

Merger Clearance

  • Obtained clearance for Continental AG's proposed acquisition of Kmart Tyre and Auto network.
  • Advised Hotels Combined on its sale to Booking Holdings (Booking.com).
  • Assisting Ericsson in response to the proposed acquisition of TPG by Vodafone. 
  • Acted for BASF in its acquisition of the divested assets from the Bayer/Monsanto merger.
  • Assisted BlueScope Steel in response to the proposed acquisition by Pacific National of Aurizon's intermodal logistics business.
  • Obtained clearance for the sale of the Milemaker retail petrol network to Caltex.
  • Advised Landmark Holdings on its acquisition of Louis Dreyfus' Macrofertil business.
  • Obtained clearance for acquisitions by Qscan in the medical imaging and radiology markets in Australia.
  • Obtained clearance for acquisitions by Superior Food Services in foodservice markets in Australia.
  • Obtained clearance by Tennis Australia of World Tennis Challenge (SA).
  • Obtained clearance for Archer Daniels Midland's proposed AUD3.4 billion takeover of GrainCorp.
  • Obtained clearance for the sale of Australian Power & Gas to AGL.
  • Obtained clearance for ExxonMobil’s sale of its Australian retail assets to Caltex and ultimately to 7-Eleven.
  • Advised IOOF on merger control issues and on the acquisition of an interest in Equity Trustees.
  • Obtained clearance in Australia and New Zealand for the proposed acquisition by Visy Industries of the plastics business of HP Industries.
  • Obtained clearance for a number of acquisitions by HP. 

Investigations, Litigation and Advisory

  • Advising HP in seeking clearance from the ACCC for resale price maintenance conduct.
  • Defending Landmark in a prosecution by the ACCC alleging misleading conduct in the marketing of barley.
  • Advised HP in an investigation by the ACCC into the installation of firmware into HP printers to limit use of cartridges with non-HP chips.
  • Advising Belkin following an investigation by the ACCC into Belkin's warranty practices.
  • Advising Visy Industries in an investigation by the ACCC into Unfair Contract Terms in the waste management industry.
  • Assisting Clubs Australia in seeking clearance for collective bargaining on behalf of clubs with major suppliers.
  • Advised an international Investment Bank in the ACCC's investigation of cartel conduct into foreign exchange and other bank benchmark rates.
  • Advising a medical devices client in an ACCC investigation into cartel conduct.
  • Advising a number of individuals in ACCC investigations into cartel conduct in shipping, financial service and building industries.
  • Defended HP in proceedings commenced by the ACCC alleging misleading or deceptive conduct and breaches of the Australian Consumer Guarantee regime.
  • Defended 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.
  • Advised LPO Group on collective negotiation issues and seeking Authorisation from the ACCC for collective negotiations with Australia Post.
  • Advising Honda Australia on its response to Australia wide airbag recalls.
  • Advising clients on investigations by the ACCC in the IT, agriculture, car rental and travel industries.
  • Defended Campbell Arnott’s in an ACCC investigation of claims by its biscuit business.
  • Defended Australian Power & Gas in proceedings commenced by the ACCC alleging misleading and deceptive conduct and unconscionable conduct.
  • Acted for Goodman Fielder in litigations against Unilever and George Weston Foods.
  • Acted for each of Goodyear and De-Longhi in relation to allegations by the ACCC of misleading conduct in respect of environmental claims.
  • Advised ANZ Banking Group in relation to various enquiries and ACCC litigation and, more generally; and 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

  • Rolled out national compliance programs for HP, Visy Industries, Honda Australia, Belkin, CIMIC/Leighton Group companies, De-Longhi and Medical Media.
  • Provided compliance training to Americold, ANZ, Medibank, GMHBA, McDonald Jones Homes, Porter Davis, Carlisle Homes and Stockland.