Sar Katdare Partner

Sar has been advising major multinational and ASX listed companies on cartels, mergers and competition and consumer law matters for over 20 years.

Sar is the trusted competition law advisor to many major multinational and ASX listed companies on cartels, mergers and day-to-day competition and consumer law matters.  He is regularly recognised as a leading lawyer in Chambers, Legal 500, Who’s Who Legal, Best Lawyers and Client Choice.

Sar has been involved in landmark cartel cases including acting for an immunity applicant in criminal cartel proceedings and Unilever in the laundry detergent cartel.  Sar has successfully advised Bauer Media, Ruralco, Unilever, Qantas, Yahoo! and BHP in obtaining informal clearance for significant transactions.

Over the last 20 years, Sar has also been involved in a number of landmark competition cases including ACCC v Baxter Healthcare (misuse of market power), ACCC v AMA/Mayne (price fixing), ACCC v Boral (merger) and Pan Pharmaceuticals (product liability).  He also advised BHP Billiton on access applications by Fortescue Metals Group to its Pilbara iron ore railways.

He has strong expertise in the Food and Grocery Code, the Dairy Code and is the key advisor on the voluntary code of conduct for the gas industry.

Key publications

ACCC Merger Report 2022

Sixth edition of our report on recent trends in complex informal merger clearance decisions made by the Australian Competition & Consumer Commission (ACCC).

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ACCC Merger Report

Fifth edition of our report on recent trends in complex merger review cases by the Australian Competition & Consumer Commission.

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Experience

Landmark competition cases

Criminal cartel - money remittance

First criminal cartel prosecution involving the Australian Federal Police.

Unilever

Immunity applicant in ACCC cartel proceedings against Colgate, Cussons and Woolworths (A$500 million).

Baxter Healthcare

ACCC proceedings for misuse of market power and exclusive dealing (first instance).

Mayne Group

ACCC proceedings for alleged price fixing (health industry) and DFE proceedings for alleged cartel conduct (transport industry).

Boral

ACCC proceedings for contravention of section 50 for the proposed acquisition of Adelaide Brighton (A$867 million).

Mergers & acquisitions

Domain

ACCC informal clearance for acquisition of Insight Data Solutions ($150m).

A2MC

Strategic partnership with Fonterra.

PLBY Group Inc

ACCC informal clearance for acquisition of Honey Birdette ($443m).

Unilever

Informal clearance for acquisition of Weis.

Yahoo!7

Agreement with Google.

Qantas

Competition approvals in Australia, Singapore, Japan, China, Taiwan and Vietnam for Jetstar Pan Asia Strategy (A$500 million).

Bauer Media

Informal clearance for proposed acquisition of Pacific Magazines ($40m).

Yahoo! Inc

Informal clearance from ACCC for global search engine deal with Microsoft Corp (US$500 million).

BHP Billiton

Informal clearance from ACCC for Rio Tinto offer – (iron ore component) (A$66 billion).

Ruralco

Informal clearance for proposed acquisition by Nutrien ($450m).

Perenti

Advising on $700m bid for Downer.

PepsiCo

Obtaining ACCC clearance for PepsiCo’s US$3.2 billion acquisition of SodaStream.

Litigation & investigations

Smith’s Snackfoods, Pepsi, Unilever

Subpoenaed parties in 7-Eleven class action.

Bluescope

Advising a number of current and former executives in ACCC investigation for alleged cartel conduct.

Unilever

ACCC investigation into ice cream sector in Australia.

Seven Network

Resolution of ACCC investigation of alleged anti-competitive conduct with other networks and OzTam.

Jetstar

ACCC proceedings in Airlines Terms and Conditions project.

Ruralco Holdings

Private litigant proceedings for unconscionable conduct.

Access to infrastructure

BHP Billiton

Advising and acting on all aspects of FMG applications for rail track access under Part IIIA.

Flinders Ports

Advising in relation to re-certification of SA Ports Access Regime under Part IIIA.

Queensland Competition Authority

Competition advice.

Advisory & compliance

Advisory & compliance

Ongoing advice and compliance work on all aspects of competition and consumer law for LexisNexis, Spotify, 3M Australia, Audika, Australian Gas Networks, Baiada, Blackmores, Collinson Group, EG Fuel, Flinders Ports, flybuys, Obela, Pepsi, Rentokil, a2 Milk, Volvo.

Product liability

Wesfarmers

Advising and implementing product recall.

Bunnings

Advising and implementing product recall.

Pan Pharmaceuticals

Advising on product recall and product liability issues.

Code of conduct

Australian Petroleum Production and Exploration Association (APPEA)

Drafting and providing strategic and legal advice on the Gas Supplier Voluntary Code of Conduct including engagement with Government and ACCC.

Various companies

Advising companies on the Franchising Code of Conduct, Food and Grocery Code, the Dairy Code and the Oil Code.

Recognition

Career & qualifications

Qualifications

  • Bachelor of Laws (Hons), Flinders University
  • Master of Laws, Deakin University

International experience

  • Competition Commission Singapore
  • Ministry of Commerce People’s Republic of China
  • Japan Fair Trade Commission 
  • New Zealand Commerce Commission
  • Fair Trade Commission, Taiwan
  • Vietnam Competition Administration Department 

Memberships

  • International Bar Association
  • Law Council of Australia
  • Jury Member, Ad Standards

Insights Read more insight

It’s not worth the Moola – a cartel agreement on the use of keyword search terms

The New Zealand High Court recently held that competitors who agreed on keyword search terms for online search advertising engaged in cartel conduct in breach of competition law.

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Trends in complex ACCC merger review cases for 2021

We are pleased to share with you the 6th edition of our report on recent trends in complex informal merger clearance decisions made by the Australian Competition & Consumer Commission (ACCC).

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Higher penalties for breaches of the Franchising Code

We detail the higher penalties for breaches of the Franchising Code

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