Business Law Section

Gaire Blunt Scholarship Recipients

Colette Downie is an intellectual property lawyer at Ashurst Australia, in the Melbourne office. She advises on contentious and non-contentious matters, across all IP disciplines, with particular expertise in pharmaceutical patent litigation, trade mark prosecution, brand protection disputes, copyright infringement disputes and food law. Colette graduated with a Bachelor of Laws with First Class Honours, Bachelor of Arts (Media & Communications) and Diploma of Modern Languages from the University of Melbourne in 2012.

During her LLB studies, Colette was the recipient of a Melbourne Law School Scholarship, the Corrs Chambers Westgarth Prize for Media Law and the Colin Howard Memorial Prize for Student Published Research. She is currently completing a Graduate Diploma of Intellectual Property through the Melbourne Law Masters at the University of Melbourne. Colette was awarded the 2016 Gaire Blunt Scholarship for her paper entitled, "Strategically Deterring Generic Entry Ahead of Patent Expiry: Is Misuse of Market Power the Antidote? Assessing Australian Pharmaceutical Antitrust Enforcement After ACCC v Pfizer".

The paper critiques the decision in ACCC v Pfizer Australia Pty Ltd and considers the likely impact of the case on future pharmaceutical antitrust cases by examining how conduct known as "product hopping" is likely to be assessed under Australia's competition regime. The paper concludes that Australia's misuse of market power prohibitions will be an important antitrust enforcement tool in order to moderate unilateral conduct by pharmaceutical originators which is designed to strategically deter generic entry ahead of patent expiry. An earlier version of her paper was submitted for assessment for Colette's graduate studies at the Melbourne Law School.

Dr Wendy Ng is a Lecturer at Adelaide Law School at the University of Adelaide. She researches in competition law, focusing on China, development, and political economy issues. She obtained her PhD from the University of Melbourne, where her thesis was awarded the Chancellor's Prize for Excellence in the PhD Thesis and the Harold Luntz Graduate Research Prize for Best PhD Thesis. A book based on her thesis will be published by Cambridge University Press. She is also a consultant to the Australian Competition and Consumer Commission and an editor of the China Competition Bulletin. Previously, she was a lawyer at Freehillsin Melbourne and Cravth, Swaine & Moore in New York.

Wendy was awarded the 2015 Gaire Blunt Scholarship for her paper, "The independence of Chinese competition agencies and the impact on competition enforcement in China". She investigates the degree of independence possessed by competition agencies in China whether and how it has influenced competition enforcement. She argues that a multidimensional concept of agency independence is key to understand Chinese competition enforcement.

Vivienne Pham is currently an MBA candidate at Columbia Business School (Class of 2014) in New York. She graduated in 2008 with First Class Honours in both Bachelor of Laws and Bachelor of Economics at La Trobe University. She was previously a competition lawyer at DLA Phillips Fox (now DLA Piper) and a regulatory economist at Powercor.

Vivienne won the 2012 Gaire Blunt Scholarship for her paper entitled "The Treatment of Efficiencies in the Merger Clearance Process". Her paper discusses how well the ACCC takes into account merger efficiencies in the informal clearance process and compares this to the practice of the Federal Trade Commission under the US antitrust regime. She argues for the need for a more robust framework for efficiency analysis to facilitate a fair process for parties to put forward merger-related efficiencies that may contribute to a positive net welfare gain.

Sarah Lynch was awarded the 2011 Gaire Blunt Scholarship for her paper on anti-competitive business practices in Australia. The paper explores the effectiveness of cartel laws in Australia and whether or not individuals affected by cartels are receiving adequate compensation and redress. Read paper here.

 

 

Matthew Eglezos is a Graduate at Freehills in Melbourne, currently rotating through the firm's Litigation practice group. He graduated in 2009 from Monash University with first class honours in Law and was awarded the Supreme Court Prize for Best Honours Student. Matthew was also a recipient of the Monash University National Scholarship for Excellence, was a member of the Monash University Law Review editorial committee, and was involved in national and international mooting competitions. Matthew's Gaire Blunt Scholarship paper "Recovering Cartel Damages: the 'Passing-On' Defence Under the Trade Practices Act" is an edited version of a thesis he submitted in partial fulfilment of the requirements of his Law degree.

Daniel Clarry is a competition lawyer at the Office of Fair Trading in London. He graduated with a Bachelor of Commerce and a Bachelor of Laws with Honours from the University of Queensland in 2006 before working as an Associate to Justice Greenwood in the Federal Court of Australia. Following his time at the Federal Court, Daniel worked as a competition lawyer at the Australian Government Solicitor's office in Brisbane. He will read for a Master of Law at McGill University in Montreal from August 2010 before returning to Australia where he hopes to practice as a Barrister.

Daniel won the inaugural Gaire Blunt Scholarship in 2008 for his paper "Contemporary Approaches to Market Definition: Taking into account international markets under Part IV of the Trade Practices Act 1974". In his paper, Daniel considered the scope of Australian competition laws, and particularly the ACCC's power, to regulate competition in international markets. Daniel argued that an international dimension to contemporary market definition is now unavoidable and perspectives need to be adjusted to take into account this economic and commercial reality.

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