Patrick Smith

Johannesburg and London

+27 82 6 999 705

Patrick Smith is a partner at RBB Economics. Previously a chemical engineer, Patrick applies economics, econometrics and industrial expertise to competition policy, litigation and arbitration. He has testified and consulted to parties, agencies and interveners in high-profile, complex and multi-jurisdictional proceedings over the past fifteen years.

Patrick has acted as an expert witness in investigations of mergers, horizontal and vertical agreements, and abuse of dominance inquiries, covering excessive pricing, price discrimination, margin squeeze and predation, as well as in the assessment of pricing, profitability and valuation within mediation, dispute resolution, and international arbitration.

His expert witness experience includes Streetmap v Google (UK High Court), the first “hot tub” procedure adopted in UK competition litigation; Tabcorp/Tatts (Australian Competition Tribunal), in which Mr Smith appeared as one of 7 experts examined in four hot tubs; Pioneer/Pannar (which ended in the South African Constitutional Court), in which Mr Smith was instructed by the South African Competition Commission in its opposition to the consolidation of the last remaining independent African maize seed company; and the international arbitration First Quantum v DRC (ICC and ICSID), in which Mr Smith submitted expert evidence regarding the damage caused by the loss of mining permits and facilities, and which culminated in a USD 1.25 billion settlement and acquisition.

His merger experience includes leading roles in Dow/DuPont, AB InBev/SABMiller, PRS/GEMA/STIM, Chiquita/Fyffes, Federal Mogul/Honeywell, Syniverse/MACH, Universal/EMI, Kenilworth Racing/Gold Circle, Thaba Chueu/SamQuarz, Sun Capital/DSP, Dow/Rohm & Haas, InBev/Anheuser Busch, ABF/GBI Business, Syniverse/BSG, Universal/BMG Music Publishing, and Inco/Falconbridge. Work for government agencies and third parties includes Vodacom/Neotel, Pioneer/Futurelife, Cisco/Tandberg, T-Mobile/Orange UK and Anglo American/Kumba/Avmin.

Mr Smith previously trained and worked as a chemical engineer, and often combines his knowledge of chemical processes with economic analysis in sectors such as mining, metals and minerals processing, oil, gas and petrochemicals, and food and beverage processing, although he has advised in fields as diverse as advertising, automotive parts, aviation, copyright, energy, estate agency, fertilisers, gaming, gambling and betting, grocery retailing, health care and pharmaceuticals, industrial yeast, fermentation and bio-fuels, music publishing and recorded music, media and information processing, sports and sports rights, telecommunications, and yellow pages. Patrick holds a BSc (Hons. First Class), and MSc in chemical engineering from the University of Cape Town, and a BA (First Class) in economics and management and an MSc in economics for development from Oxford University.

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