IPBA 2021

Latest Development in Merger Control/Antitrust Filing

Organised by: Competition Law Committee

Session abstract:

Panellists from India, China, Canada, Taiwan, Brasil and others will share their respective experiences about COVID pandemic and efficacies of their Competition Law Agencies in engaging with stakeholders for deciding merger notifications.

The merger control session would try to bring out the efficacy of the Competition Law Agencies and the stakeholders during the continuance of the Covid pandemic with special reference to ease of operating virtually via technology.  The moderators and speakers from different jurisdictions would try and share important jurisdictional updates of their respective jurisdictions.

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Anand Raj
Partner
, Shearn Delamore

Anand was admitted as an Advocate & Solicitor of the High Court of Malaya in 1996. Anand’s practice areas include all aspects of tax and transfer pricing disputes and litigation as well as competition law & antitrust. Anand is the Co-Head of the firm’s Antitrust Practice.

Asialaw Leading Lawyers (2020 – 2021) recognized Anand as an “Elite Practitioner” in Competition/Antitrust as well as Tax. Asia Business Law Journal (2020 and 2021) recognized Anand as one of Malaysia’s Top 100 Lawyers in Competition Law & Antitrust and Tax Disputes & Controversy. Anand has also been recognized in the International Who’s Who Legal: Competition Lawyers for 2013 – 2020 and as a Tier 1 leader in his fields by the Global Competition Review (GCR), Chambers Asia-Pacific, Asia-Pacific Legal 500, Asialaw Profiles and other directories. Anand regularly represents and advises MNCs, GLCs, foreign and Malaysian enterprises on Competition Law in industries as diverse as financial services, telecommunications and multimedia, pharmaceuticals, insurance, logistics, hospitality, FMCG, manufacturing and the automotive sector, amongst others. Anand regularly conducts trainings and workshops for clients and is active in providing feedback to the relevant authorities and agencies.

Manas Kumar Chaudhuri
Partner
, Khaitanco
New Delhi

Manas Kumar Chaudhuri, an anti-trust litigator, advises Indian and overseas clients on Competition Law & Policy and related legal/regulatory issues including merger control.

Prior to joining the profession as a full-time lawyer, Manas has served as a Civil Judge in the West Bengal State Judicial Services, Director (Legal) MRTP Commission and Additional Registrar (Legal) Competition Commission of India.

A regular panel speaker on the subject both at domestic and international anti-trust law events for past over 15 years. An honorary faculty of Competition Law in reputed Universities and academic institutes of India. Active member of professional institutes and pan-India Industry Chambers of Commerce. Highly ranked by global ranking agencies for years.

Manas also argues regularly before the CCI and the specialised Appellate Tribunal and occasionally before the higher Constitutional Courts on Competition Law matters.

Speakers

Anthony F. Baldanza
Partner
, Fasken
Toronto

Anthony (Tony) Baldanza’s business law practice is focused on competition law, foreign investment law and corporate/commercial matters.

In his competition law practice, Tony provides advice and representation in relation to mergers and in relation to cartels, abuse of dominance and other restrictive trade practices. Working across a wide range of industries, Tony assists clients in clearing transactions through the Canadian Competition Bureau and, with local counsel, through the competition/antitrust agencies of other jurisdictions.

In his foreign investment practice, Tony advises foreign-controlled enterprises on the application of the Investment Canada Act (including its national security provisions) when establishing a new business or acquiring an existing business in Canada, and assists clients in clearing transactions through the relevant agencies.

Tony is also expert in clearing transactions through Transport Canada pursuant to the Canada Transportation Act.

Tony also provides advice and assistance to clients in relation to a wide range of corporate/commercial matters, including mergers and acquisitions, joint ventures, corporate reorganizations and supply and distribution arrangements.

Tony is a recognized expert on competition and foreign investment law, (including national security reviews) and is listed in a wide range of reports and surveys as one of Canada’s leading lawyers in both such areas. He is the past Chair of both the Foreign Investment Review Committee and Mergers Committee of the Canadian Bar Association Competition Law Section. Tony served as Leader and subsequently Co-leader of Fasken’s Antitrust/ Competition & Marketing Group for many years.

Vivian Fraga
Partner
, TozziniFreire Advogados
São Paulo

Professional Experience

Vivian has over 10 years of experience in competition/antitrust law, having worked for the Brazilian Competition Authority (CADE) as an enforcer of the department in charge of investigating antitrust infringements, including international cartel cases. Specialized in Economic Law and Regulation and with a Master of Laws in International Law, she is a competition lawyer with substantial experience in merger reviews, cartels investigations, leniency and settlement negotiations, horizontal and vertical commercial agreements, abuse of dominance/restrictive behaviors and compliance programs. She is also member of Asia Practice Group of the firm.

Education

  • Master’s degree in Law from USP (Universidade de São Paulo), 2012.
  • Graduate of the Law School of Universidade Presbiteriana Mackenzie, 2004.
  • Specialized degree in Regulatory Economic Law from FGV (Fundação Getulio Vargas), 2003.
  • Graduated in Political Science and International Relations from Suffolk University, USA, 2002.

Additional Activities

  • Official member of IBA International Cartels Working Group
  • Coordinator of CESA Competition and Consumer Relations Committee
  • Member of GCR Women in Antitrust
  • Member of TozziniFreire’s Asia Practice

Recognition

Recommended by relevant legal guides such as The Legal 500, Latin Lawyer 250 and Análise Advocacia 500.

Publications

  • “Antitrust Law & Innovation: Digital Markets Involving Disruptive Technology and Antitrust Analysis” article (co-author). In Mulheres no Antitruste. São Paulo: Editora Singular, 2018.
  • “Brazil” chapter (co-author). In Getting the Deal Through – Merger Control. London: Global Competition Review, 2017-2019.
  • “Beyond the Turnover Thresholds: How Does the Local Effects Test Function in the Context of Merger Control?” article (co-author). In Merger control in Brazil – Frequently asked questions. São Paulo: IBRAC, 2018.
  • “The Practical Guide on Remedies: How Does the Process of Negotiation Work?” article (co-author). In Merger control in Brazil – Frequently asked questions. São Paulo: IBRAC, 2018.

Languages

  • English
    Spanish

Mingfang Gong
Senior Associate
, JunHe LLP
Beijing

Ms. Gong joined the JunHe Beijing Office in May 2010. Prior to joining JunHe, Ms. Gong worked for the Ministry of Commerce (Treaty and Law Dept. and Anti-monopoly Bureau) from August 2007 to April 2010. Ms. Gong worked at Slaughter and May, London Office as a seconder from JunHe for six months in 2013.

Ms. Gong has extensive experience in merger control filings and has been deeply involved in dozens of high-profile cases, including KLA Tencor’s acquisition of Orbotech, Marriott’s acquisition of Starwood, Dell’s acquisition of EMC, Abbott’s acquisition of St. Jude Medical, Thermo Fisher’s acquisition of Life Technologies, merger between Nippon Steel and Sumitomo Metal, merger between Applied Materials and Tokyo Electron, and joint venture between INEOS and BASF.
In addition to her rich experience in applying for clearances for complicated merger control filings, Ms. Gong is also an expert at handling filing complaints against transactions under merger control review, and dealing with antitrust agency’s inquiry and investigations over un-notified transactions. Ms. Gong also acts as the China legal counsel for the antitrust agency’s monitoring trustee in conditionally-approved cases and provides necessary legal advice.

Ms. Gong also provides compliance advice and training to multinational companies in different industries including paper manufacturing, pharmaceuticals, medical devices, and car manufacturing, as well as advice in defending antitrust investigations on alleged anti-competitive practices and applying for leniency for certain infringement actions in China.

Vincent Wang
Partner
, Tsar & Tsai Law Firm
Taipei

Mr. Vincent Wang is an Equity Partner with Tsar & Tsai Law Firm with approximately 18 years experiences.  Vincent is a trial lawyer and frequently represents publicly traded companies and multinational corporations in their disputes relating to international investments, labor disputes, criminal defense, cross-border transfer of goods and merchandise, insurance claims, competition law, government procurements, civil disputes, banking disputes and construction defects.

Vincent also serve as the vice chair of the Inter-Pacific Bar Association Competition Law Committee and has advised clients on abuse of dominance, merger control, cartel, unfair competition, and false advertising issues.  Vincent has also successfully represented clients to file complaints with and to defend them before the TFTC and Taiwan courts.