Sar Katdare Partner

Meet Sar

Sar has over 17 years’ experience advising major multinational and ASX listed companies on “bet the firm” cartels, mergers and consumer law matters. He has been involved in a number of landmark competition cases.

Sar is acting for an immunity applicant in a criminal cartel investigation in the financial sector and acted for Unilever as immunity applicant in the ACCC cartel prosecution of Colgate-Palmolive, PZ Cussons and Woolworths. He successfully obtained informal clearance for Unilever's acquisition of Weis and assisted Qantas across a number of jurisdictions in relation to its Jetstar Pan Asia Strategy and its proposed alliance with Emirates. He acted for Yahoo! in obtaining informal clearance for its global search deal with Microsoft and BHP Billiton in its proposed takeover of Rio Tinto in 2008. He also advised BHP Billiton on access applications by Fortescue Metals Group to its Pilbara iron ore railways.

Sar is one of Australia’s leading competition and consumer law advisors in the FMCG sector. In 2017, he won the Client Choice Award for best competition/antitrust lawyer in Australia.  He is consistently ranked in international directories as one of Australia’s leading competition lawyers for his “great depth of knowledge of the broader matters that drive competition law”, his "technical and oratorical skills, client service and commercial acumen" and his “invaluable solution-focused approach and calm assurance” (Chambers 2012-2018; Legal 500 2012-2018; Best Lawyers Australia 2016-2019). Sar was also recognised as one of the world's leading competition lawyers in the global publication of Who’s Who Legal: Competition 2018.

In 2017 Sar published “Recent Trends in Complex ACCC Merger Review Cases”, a first-of-its-kind report of ACCC merger decisions including statistical analyses of prospects of clearance, remedies and timing of decisions.

Experience

Landmark competition cases

Metcash

ACCC proceedings in relation to merger.

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).

Pan Pharmaceuticals

Advising on product recall and product liability issues.

Mergers & acquisitions

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).

Qantas

Competition approvals in Australia, Singapore, EU, US and New Zealand for global partnership with Emirates (A$2-3 billion).

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).

Litigation & investigations

Unilever

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

Seven Network

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

Boral

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

Access to infrastructure

BHP Billiton

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

Flinders Ports

Competition advice and strategy.

Queensland Competition Authority

Competition advice.

Advisory & compliance

Advisory & compliance

Ongoing advice and compliance work on all aspects of competition and consumer law for 3M, Brickworks, David Jones, Flinders Ports, Smith’s Snackfood and Unilever.

Product liability

Wesfarmers

Advising and implementing product recall.

Bunnings

Advising and implementing product recall.

Pan Pharmaceuticals

Advising on product recall and product liability issues.

Recognition

Ranked as a leading lawyer in Competition & antitrust
Chambers Asia Pacific, 2019
Sar is also noted as "highly intelligent and pragmatic" partner who provides "punchy, matter-of-fact, efficient and clear" advice.
Chambers Asia-Pacific
Recognised as one of the world's leading Competition Lawyers
Who's Who Legal: Competition 2018
Winner of Client Choice Award for Competition/Antitrust (Australia) 2017
Who’s Who Legal
Future Leaders (Competition) 2017
Ranked as a leading Competition lawyer
Chambers Asia-Pacific, 2018
Recommended in Competition and Trade Law.
Asia Pacific Legal 500, 2018
Listed as a leading lawyer in Competition Law and Regulatory Practice
Best Lawyers Australia, 2019
Sar is noted as a 'standout performer' in JWS's 'exceptional' team.
Asia Pacific Legal 500
Sar is recognised for his 'excellent, commercial approach to problem solving'.
Chambers Asia-Pacific
Sar is noted for his ‘great depth of knowledge of the broader matters that drive competition law’.
Asia Pacific Legal 500
Sar Katdare is praised by clients, one of whom explained: "He has a great depth of knowledge, not only of the law, but also of the broader matters that drive competition laws and how the regulator thinks. He also makes himself available and is quick to respond."
Chambers Asia-Pacific
Sar is cited by referees as a particularly accessible, responsive and pragmatic partner who stands out not only for his "good practical understanding of the laws and of ACCC’s application of them," but also as someone who is "prepared to offer advice that highlights the risks but plots a commercial path through the obstacles."
Chambers Asia-Pacific

Career & qualifications

Qualifications

  • LLB (Hons), Flinders University
  • LLM, Deakin University

International experience - submissions

  • Competition Commission Singapore (CCS)
  • Ministry of Commerce People’s Republic of China (MOFCOM)
  • Japan Fair Trade Commission (JFTC)
  • New Zealand Commerce Commission (NZCC)
  • Fair Trade Commission (Taiwan)
  • Vietnam Competition Administration Department (VCAD)

Memberships

  • International Bar Association
  • Law Council of Australia

Insights Read more insight

ACCC takes $9 million bite out of Apple US for false and misleading representations under ACL

On 19 June 2018, the Federal Court of Australia ordered Apple Inc (Apple US) to pay penalties of $9 million for making false and misleading representations to customers about their rights under the...

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Biggest fine ever for breach of competition law – a sign of things to come

Last month, the Full Federal Court ordered Japanese company Yazaki Corporation (Yazaki) to pay a penalty of $46 million for engaging in cartel conduct in contravention of the Competition and...

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The Pfizer case: Monopolies ≠ market power; Anti-competitive language ≠ anti-competitive purpose

In May 2018, the Full Federal Court held that Pfizer did not misuse its market power under section 46 of the Competition and Consumer Act 2010 (Act) by engaging in a number of activities that...

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