Competition & Antitrust and Trade

Our Deals

Some significant transactions which we have worked on include:

Merger Control 

  • Acted and advised on numerous mergers including: Lafarge SA/Holcim Ltd, Daifuku Co Ltd/BCS Group Limited, Chartered Semi-conductor/Hitachi Semiconductors, Asia Renal Care/Orthe & KTC, Fresenius Medical Care Beteiligungsgesellschaft mbH/Asia Renal Care, Kulicke and Soffa Industries/W.C. Heraeus GmbH, XL Axiata/Axis, Ingram Micro/Brightpoint, GDF Suez/International Power Plc, The Executive Company Limited/TEC Holdings Limited, AL-Wokaer/Asia Internet Holding, S-Oil/Aramco Overseas, MUFG/Beacon Intermodal Leasing and Engine Lease Finance.
  • Acted for a number of merger parties in seeking confidential advice from various ASEAN competition regulators.
  • Assisting clients in assessing their mergers and whether notification to the relevant competition regulator(s) is recommended or required.

Strategising and Defending Competition/Antitrust Investigations

  • Successfully secured a settlement with the CCS free from admission of liability and penalties for Coca Cola (Singapore) Beverages Pte Ltd, with only undertakings provided
  • Secured first place marker for JTEKT Corporation and its local subsidiary as leniency applicants before the CCS in the first international cartel case in Singapore and managing defence strategies.
  • Acted for inter alia Yusen Air & Sea Service Co Ltd, Yusen Logistics (Singapore) Pte Ltd, Nippon Express Ltd and Nippon Express Singapore Pte Ltd in the international freight forwarders cartel before the CCS
  • Advised AirAsia X in relation to the investigation by MyCC involving inter alia AirAsia and Malaysian Airlines
  • Successfully co-advised Garuda Indonesia in a price-fixing case before the ACCC (Australia), making Garuda one of the only two successful defendants in an alleged cartel case.
  • Acted for Goodyear in the Tyre cartel allegation before the KPPU.
  • Successfully defended cement producer PT Holcim Indonesia Tbk, a subsidiary of the largest cement producer in the world, against charges before the KPPU that it was part of a price-fixing conspiracy with other cement producers.
  • Defended state airports management firm PT Angkasa Pura against charges that it operated a monopoly in its warehousing division to the detriment of international air-cargo operators. Angkasa Pura was found guilty by the KPPU, which decision was upheld on appeal by the District Court. The Supreme Court, however, reversed the District Court, finding in favor of Angkasa Pura.
  • Acted for the Express Bus Agency Association and several of its members from the dawn raid by CCS to succeeding in reducing penalties on appeal.

Competition Advisory  & Notifications 

  • Acted in a confidential notification of a cooperation agreement between major players in the financial industry, as well as for United Overseas Bank Ltd in relation to the VISA multilateral interchange fee notification.
  • Acted in Qantas/British Airways, Qantas/Orangestar, Qantas/Jetstar, and Qantas/Emirates notification of their cooperation in the airline industry.
  • Acted in Malaysia’s 1st application for an individual exemption to the MyCC.
  • Advised a Malaysian long haul low cost carrier on its collaboration with two other airlines, as well as separately with a low cost carrier.
  • Acted for two majors in the music industry in obtaining guidance in relation to their cooperation involving inter alia Singapore. 

Leniency Applications

  • Secured first place marker for JTEKT Corporation and its local subsidiary as leniency applicants before the CCS in the first international cartel case in Singapore and managing defence strategies.
  • Lodged various othre leniency applications.

Settlements

  • Successfully secured a settlement with the CCS free from admission of liability and penalties for Coca Cola (Singapore) Beverages Pte Ltd, with only undertakings provided.
  • Successfully settled various cases involving multiple industries in a confidential manner, some with undertakings.

Compliance and Training

  • Provided competition compliance audit, verification, and review of practices in relation for several major players in the banking and financial industry, undertaking training and putting together compliance manuals.
  • Reviewed and updated as regional counsel the fair trade practices compliance measures in place in several jurisdictions for a major steel MNC.
  • Provided competition compliance audit, verification, and review of practices in relation to a major motor vehicle manufacturer and distributor and conducting relevant training.
  • Provided competition compliance audit, verification, and review of practices in relation to the tobacco industry and conducting relevant training.
  • Provided detailed training to one of the largest Australian steel companies in Singapore, Indonesia, Malaysia, Thailand and Vietnam.
  • Provided detailed advise to corporation in the engineering and technology industry, in the insurance industry, in the petroleum industry, in the logistics industry, in the utilities industry, in the aviation and airline industry, and others on the impact of Competition law on their activities including extensive due diligence exercise and contract review, and drafting compliance protocols.

Market Studies & Analyses

  • A wide-ranging market study and competition analysis on the upstream market of oil and gas in Indonesia as a basis to compose white paper on current condition of competition in oil and gas upstream industry in Indonesia.
  • An in-depth market study and competition analysis on the market for production and sale of flat glass and automotive glass industries in Indonesia so as to obtain overview of the competitiveness and any potential competitive concern in the related markets.
  • A limited market study and competition analysis in the market for production and sale of milk in Indonesia in order to assess any potential competitive concern in the related markets.
  • A thorough market study and competition analysis of the market for production and sale of cement in Indonesia in order to evaluate compliance of the firm or business group under review with Indonesia competition law.
  • An in-depth market study and competition analysis of the market for production and sale of particular personal care product in Indonesia so as to assess compliance of the firm or business group under review with Indonesia competition law as well as any potential competition concern in the markets under review. 

Regulatory & Legislation

  • Drafted the Telco-Media legislation, including the legislation empowering the regulator, restructured the licensing mechanism, the Converged Competition Code as well as relevant internal and external guidelines for the implementation of the new regulatory frameworks for the Telco and Media industries for the Authority of Info-communications Technology Industry in Brunei Darussalam.
  • Assisting with implementation and with Significant Market Player designation.
  • Advised major Malaysian public listed telecommunications provider on anticompetition provisions under the Communications and Multimedia Act.
  • Drafted the first (original) Airport Competition Code for the Civial Aviation Authority of Singapore.
  • Advise extensively on scope and applicability of sectoral codes, including the MDA Code Of Practice For Market Conduct, the IDA Telecom Competition Code, the Energy Market regulations for the Gas and Electricity markets, including for LNG.
  • Represented a major European spirits company on competition law issues relevant to the distribution of its products in Thailand.
  • Advised the largest Norwegian telco company as well as major shareholders of a Thai public listed telco provider in relation to competition law in Thailand.

Trade 

Export / Import Controls & WTO Issues

We provide a broad range of services in relation to export and import control, including implementation of internal compliance programs to ensure observance with local and international export control requirements, employee training, obtaining permits from the local customs authorities and various regulatory bodies as relevant, providing advice on classification of goods, valuation as well as import verification, and coordinating issues at a regional level. We are further reknown for our wide experience in relation to strategic goods. A sample of our experience in export and import controls matters include:

  • Advising extensively on permit and other requirements relating to import and export of semiconductors, telecommunications related products, books and publications, medicinal and pharmaceutical products, chemicals and petrochemicals, poisons and various other products.
  • Advising on trade structuring and preparation of documentation to ensure the most commercially efficient solution for imports and exports, reviewing issues relating to country of origin as well as valuation.
  • Advising several multinational corporations operating out of the Us, EU, Australia, Japan, Taiwan, amongst others, companies in relation to strategic goods compliance issues, applying for bulk permits and managing voluntary disclosure obligations with the Singapore Customs.
  • Represented a global telecommunication company on issues with the Singapore and Hong Kong customs regarding Strategic Goods Permit. The matter involved goods being detained due to inaccurate trade documents having been obtained.  We successfully worked towards having the goods released, having coordinated the matter with the Singapore customs as well as the Hong Kong customs and the relevant strategic goods divisions.
  • Conducting extensive training on rules of origin and other trade related matters for various trade and regulatory bodies across Asia.
  • Advising extensively on various issues from time to time arising out of the United Nations Transboundary Transportation of Hazardous Goods Convention.
  • Advising in cases which involved liaising with various countries’ Customs Authorities regarding strategic and other goods being detained due to inaccurate trade documents having been obtained / provided, and arranging to have the goods released.

Trade Sanctions

We provide a range of legal advice concerning international trade issues, such as embargoes and blocking regulations involving countries such as Iran, Iraq, Israel and Libya. Some of the matters that we have handled include:

  • Advised on the supply of sanctioned goods to Iran from the view of various jurisdictions, including Australia, Singapore, United Kingdom, USA, South Africa, China, Indonesia and various European countries.
  • Advised on the imposition of export-import boycott requirements into a trade related agreement involving Israel.
  • Advised on regularly on UN sanctions and related export-import of goods into Liberia, Iraq, Iran and various other Middle Eastern countries, focusing on trade sanctions and trade restrictions.
  • Advised German based multinational corporation on the imposition of export-import boycott requirements into a trade related agreement involving Israel.
  • Advising on payments issues involving USD, Japanese Yen etc, involving sanctioned countries. 

Anti-Dumping & SafeGuards

We provide advice on anti-dumping requirements in various jurisdictions, recommend strategies to avoid or minimise anti-dumping duties, as well as develop offensive or defensive legal and policy strategies to protect our clients’ interests. With Safeguard issues of an increasing concern, we provide counsel on managing potential safeguards and liaising with regulators Our experience includes the following:

  • Advised a major multinational corporation on anti-dumping concerns involving the EU as well as Indonesia, and assisted in managing the pricing of the products so as to ensure relevant rules were not violated.
  • Advised Vietnamese counsel on an anti-dumping dispute arising between corporations based in Vietnam and India.
  • Advising on the defence of anti-dumping actions as well as on strategic plans on how to raise complains involving anti-dumping.
  • Assisting to manage the pricing of products so as to ensure that the relevant anti-dumping rules are not violated.
  • Conducting extensive training on anti-dumping issues.

International Logistics, Warehousing & Other Agreements

We have been involved in all forms of preparatory steps in relation to the logistical and warehousing aspects of international trade, including reviewing agreements in relation to the packing, labelling, documentation, insurance requirements and warehousing. We have advised clients on issues such as:

  • Drafting and reviewing warehousing arrangements and contracts for various multinational corporations involving both tax issues and commercial documents.
  • Structuring trans-boundary trade transactions, including ascertaining whether ex-works, FCA or other approaches work best and drafting relevant documentation.
  • Advising extensively on a number of issues from time to time relating to the United Nations Sale of Goods Convention.

Product Recall

We manage all aspects associated with product recalls and/or corrective action. Some of the matters that we have handled include:

  • Advised extensively and intimately on product recall regulations and coordinate the recall of products manufactured and distributed by corporations based in the EU, US, Brazil and elsewhere involving goods in the medical industry, the semiconductor industry and in the electronics industry, amongst others.
  • Liaising with the relevant regulatory authority including the Consumer Association of Singapore (CASE), the National Environment Agency (NEA), the Agri-Food and Veterinary Authority (AVA), the Singapore Customs, the Standards, Productivity and Innovation Board (SPRING Singapore), the INFOCOMM Development Authority (IDA), the Health Sciences Authority (HSA), various Ministries as well as other government and international bodies on product recalls.
  • Advised extensively and intimately on the Singapore law aspects and coordinated the recall in Singapore of an electronic product manufactured and distributed by a corporation based in the EU. The recall involved coordination through a number of different jurisdictions.
  • Advised extensively and intimately at different times on the Singapore law aspects on product recall issues involving goods in the medical industry, the semiconductor industry and in the electronics industry.

Customs Protection of Intellectual Property Rights

We assist brand owners with enforcing their valuable intellectual property rights at the customs level, including the following:

  • Recording their trademarks, copyright and designs with the customs authorities in China.
  • Identifying and detaining shipments of goods suspected of infringing intellectual property rights at the border.
  • Training customs authorities on how to detect goods suspected of infringing intellectual property rights
  • Taking enforcement action against importers of grey market goods.

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