Next Generation Partners

Firms To Watch: Antitrust and competition

Minter Ellison houses a deep bench known for representing the HKCC in enforcement actions before the Competition Tribunal. Nathan Dentice leads the team, frequently advising clients on regulatory disputes involving securities and futures.

Antitrust and competition in Hong Kong

Baker McKenzie

Baker McKenzie's practice handles a whole host of issues, including cases concerning predatory pricing, clearances for joint ventures and M&A, and merger notifications across the APAC region. Through the firm’s joint operation with FenXun Partners, the team is well-placed to advise on PRC related issues, in addition to handling contentious matters relating to anti-competitive practices. Practice head Stephen Crosswell is recognised for his longstanding expertise in dawn raids, leniency applications, and merger clearance projects across the APAC region. Associate Vivian Tsang is particularly adept at handling investigations brought by the Hong Kong Competition Tribunal (HKCC), abuse of dominance issues, and compliance matters. Thomas Jenkins has since departed to join the Belgium based practice at the firm.

Practice head(s):

Stephen Crosswell


Other key lawyers:

Vivian Tsang


Key clients

APG Asset Management N.V.


Archer Daniels Midland Singapore Pte. Ltd.


Assicurazioni Generali


Aztiq


British Telecom


CapitaLand Investment Limited


City Garden Hotel Limited


EQT


PT Vale Indonesia Tbk


Siam Cement Group


Sika


Temasek


Tencent Holding Limited


Work highlights


  • Assisted Generali with its submission of merger notifications in Thailand in relation to its stepping up of shareholding in AXA AFFIN General Insurance Berhad and AXA AFFIN Life Insurance Berhad by way of acquiring shares from the then current shareholders of the two targets.
  • Advised Siam Cement Group on the merger control aspects of the amalgamation of Siam Cement Logistics Limited and JWD InfoLogistics.
  • Advising Tencent Holdings Limited on multiple high-profile deals in numerous jurisdictions globally.

Gibson Dunn

Known for providing ‘insightful, creative, and practical’ advice, the team at Gibson Dunn acts for a stellar client base which includes Uber, Marriott, and KKR. The team, praised by clients as ‘experts in their field’, handles the full gamut of mandates, often working on the competition aspects of takeovers, appeals concerning mergers across the APAC region, and abuse of dominance claims. Sébastien Evrard leads the practice, utilising his longstanding expertise in assisting clients with government investigations and merger control issues. The ‘extraordinarily good’ Evrard is also noted for his extensive knowledge of Chinese anti-monopoly law. Leading the Asian anti-corruption, compliance, and investigations team, Kelly Austin regularly advises clients on internal investigations and trade control issues.

Practice head(s):

Sébastien Evrard


Other key lawyers:

Kelly Austin


Testimonials

‘Gibson’s antitrust team has an in-depth understanding of the antitrust law globally and in China. They can provide suggestions with a globally consistent view, and leverage their knowledge across different jurisdictions.’

‘Their guidance is insightful, creative, and practical.’

‘Sébastien Evrard is a great pleasure to work with. He has a way of conveying his views and insights clearly and powerfully, often making suggestions that reconcile different views nicely, and has the ability to steer the case in the right direction.’

Key clients

Uber


Hong Kong Telecommunications


Binance


Marriott


KKR


Atlas/Seaspan


VMware


AMCI Group


Xylem


Herbert Smith Freehills

Herbert Smith Freehills houses a ‘knowledgeable' team which often collaborates with the firm’s Greater China CRT team. The group handles the full gamut of issues for clients across the TMT, energy, and consumer goods sectors, particularly in relation to foreign direct investment and cartel claims. Notable clients include Marriott International, Equinor ASA, and Santos. Leading the team, the ‘highly competentAdelaide Luke handles the full scope of issues for clients, including regulatory investigations, merger control, and behavioural issues across China, Malaysia, and Thailand. Associate Howard Chan has vast expertise in a wide range of matters, often advising on anticompetitive agreements, abuse of dominance claims, and joint venture structures.

Practice head(s):

Adelaide Luke


Other key lawyers:

Howard Chan


Testimonials

‘The team is knowledgeable and is very responsive.’

‘Adelaide Luke is very well versed in competition laws.’

‘Adelaide Luke is highly competent and very responsive.’

Key clients

Marriott International


Santos


South32 Group


Synthomer Plc


Equinor ASA


Hydro Rein Invest AS


Scatec


Genus plc


GIC


Work highlights


  • Advised South32 on the merger filings of its acquisition of a 45% shareholding in the Sierra Gorda copper mine in Chile. Advised the client on competition law issues throughout the transaction process, for example on antitrust risks arising from proposed marketing arrangements to be implemented post-transaction.
  • Advised Genus plc, a British animal genetics company, on ongoing PRC competition law advice in relation to its strategic collaboration with Beijing Capital Agribusiness in relation to porcine genetics.
  • Advised Equinor ASA, Hydro Rein Invest AS, Scatec jointly on Chinese merger control requirements of their formation of a joint venture over a Brazilian solar power project known as the Mendubim project.

Linklaters

Hailed by clients as ‘among the best in town’, the practice at Linklaters handles the full spectrum of competition issues, including vertical conduct, exemption applications, and contentious matters before the Competition Tribunal and Court of Appeal. Praised for his ‘exceptional knowledge and experience’, Marcus Pollard heads the practice, having vast knowledge of abuse of dominance investigations and price maintenance cases, and utilising his regulatory expertise to advise on large scale merger control matters across Southeast Asia. Managing associate Kathleen Gooi has ‘valuable’ insight into foreign investment filings and multi-jurisdictional merger control issues, often assisting clients with transaction structuring and investigations by the HKCC under the First and Second Conduct Rules.

Practice head(s):

Marcus Pollard


Other key lawyers:

Kathleen Gooi


Testimonials

‘Outstanding depth of competition law knowledge. Experience in working at the Hong Kong Competition Commission. Involvement in key cases in Hong Kong. First-rate APAC and global practice for cross-border matters.’

‘Marcus Pollard. Exceptional knowledge and experience of applying competition law in Hong Kong. Commitment, timely high quality advice delivered efficiently.’

‘Marcus Pollard and Kathleen Gooi bring a unique combination of skills and experiences to the team. As a partner, Marcus Pollard has extensive experience in the legal field and a deep understanding of the intricacies of competition law.’

Key clients

True Corporation


Jardine Matheson


Tien Chu


Intel Corporation


Kerry Logistics


PTT


ORIX Corporation


Hong Kong Association of the Pharmaceutical Industry


Charoen Pokphand Group


Linde


PSP


Ontario Teachers Pension Plan


Visa


Mitsui


China Aviation Leasing Corporation


Work highlights


  • Advised Thai telecoms company TRUE in its US$ 8.3 bn mega-merger with mobile operator DTAC, bringing together two of the three main mobile operators in Thailand.
  • Advised Tien Chu, a Chinese SOE-controlled MSG manufacturer on the resale price maintenance case investigation and proceedings brought to the Hong Kong Competition Tribunal.
  • Representing Linde in defending the abuse of dominance case brought to the Hong Kong Competition Tribunal. This case will become the precedent for future abuse of dominance enforcement actions in the fledgling regime.

Norton Rose Fulbright

Noted by clients as having ‘excellent knowledge of competition matters across APAC', the team at Norton Rose Fulbright assists numerous clients in the natural gas and renewable energy industries with merger filings. The group also advises clients on expansion, particularly in relation to liquid natural gas and solar power projects, in addition to automotive and transport across Asia. Praised for his ‘excellent technical knowledge’, practice head Marc Waha handles a broad range of contentious and non-contentious issues, including HKCC investigations, cartel litigations, and merger clearances. ‘Knowledgeable and responsive' counsel Nicolas Cassauba is well-placed to advise clients on merger approvals before the State Administration for Market Supervision (SAMR) in China, joint ventures, and cartel investigations, while associate Joe Lee regularly supports the team.

Practice head(s):

Marc Waha


Other key lawyers:

Nicolas Cassauba; Joe Lee


Testimonials

‘Excellent knowledge of competition matters across APAC, ability to connect the client with relevant colleagues in other jurisdictions.’

‘Marc Waha has excellent technical knowledge and is always responsive. He is a valuable lawyer to have on the team. Proactive.’

‘The team is always very available for any questions or queries.’

‘Nicolas Cassauba is knowledgeable and responsive. He works fast and is very efficient.’

Key clients

Alcon


American Express


AXA


Bausch + Lomb


BP


Cathay Pacific


Deliveroo


Delta Air Lines


ENEOS


Ferrero


Hutchison Property Group


INPEX


K-Line


Michelin


Mitsui OSK Lines


Modern Terminals Limited


Nissan


NYK


QatarEnergy


Sanden


Shell


Stanmore


Swiss Life


Tokyo Gas


TotalEnergies


Work highlights


  • Representing Hutchison Property Group in Competition Commission v Gray Line and others (CTEA1/2022), a litigation initiated by the Competition Commission in the Competition Tribunal which is still ongoing. The matter is one in which the Competition Commission seeks to establish liability for facilitators under Hong Kong law.
  • Advised and acted for QatarEnergy on the global merger control aspects, including in Asia, of new natural gas production joint ventures in the North Field Expansion project and North Field South expansion project, which involves the setting up of eight separate joint ventures with ExxonMobil, TotalEnergies, ConocoPhillips, Shell and Eni, with total investments of more than USD100 bn.
  • Advised TotalEnergies on the competition law and merger control aspects of TotalEnergies’ investments in three different offshore wind farms as part of the Formosa 3 offshore wind project.

Slaughter and May

Slaughter and May's team provides clients with ‘very admirable and satisfying’ advice on the full spectrum of issues, including the antitrust aspects of joint ventures, and investigations into the liability of facilitators in cartels. The team assists a diverse range of notable clients, such as Google, Booking.com, and Toppan Forms (Hong Kong) Limited. ‘Standout performer' Natalie Yeung heads the practice, and has a great deal of experience in matter concerning foreign direct investment, having worked on a number of investigations by the HKCC, block exemption orders, and the resolution of cartel cases under the HKCC’s Cooperation and Settlement Policy. Counsel Alexander Lee handles a broad range of issues, from foreign direct investment, to enforcement proceedings before the Competition Tribunal.

Practice head(s):

Natalie Yeung


Other key lawyers:

Alexander Lee


Testimonials

‘Natalie Yeung has very deep expertise and understands the implications of competition law for our industry and our business. She is extremely responsive to our queries and looks for practical solutions to find ways to approach issues.’

‘Natalie Yeung is a standout performer. She is easy to work with and takes a practical approach to finding commercial solutions.’

‘Slaughter and May provided us with very practical legal advice, enabling us to better balance the compliance requirements and the actual situation of the company’s operations.’

Key clients

Google


Toppan Forms (Hong Kong) Limited


The Hong Kong Liner Shipping Association


Booking.com


Richemont


INEOS


Swire Beverages Holdings Limited


Swire Properties Limited


Figma Inc.


Work highlights


  • Advising Google in relation to various investigations and market studies by the competition authorities in the Asia-Pacific region in relation to online platforms and digital advertising.
  • Advised Toppan Forms (Hong Kong) on the investigation conducted by the HKCC into the Inserter Cartel case, which is the first investigation to be fully resolved under the Commission’s Cooperation and Settlement Policy.
  • Advised INEOS on antitrust and foreign direct investment issues in relation to its US$7bn landmark investments and joint ventures with SINOPEC and its acquisition of Mitsui Phenols Singapore from Mitsui Chemicals

Eversheds Sutherland

Hailed by clients as a ‘market-leading' practice, Eversheds Sutherland advises both the HKCC and the Hong Kong Communications Authority, in addition to notable clients such as Cathay Pacific Airways Group and Chow Tai Fook Jewellery Group. Praised for her ‘excellent legal knowledge', Jocelyn Chow has assumed the position of practice head, having vast expertise in advising clients in the communications, defence, and financial services sectors on competition judicial review proceedings, cartel investigations, and regulatory enquiries resulting in settlements. Adam Ferguson left the practice to work in-house in December 2022.

Practice head(s):

Jocelyn Chow


Testimonials

‘Eversheds has a strong antitrust team in Hong Kong. Their team is client friendly and responsive and their use of litigation software is cutting edge.’

‘Jocelyn Chow is very knowledgeable, hard-working, and client friendly.’

‘Eversheds Sutherland has a market-leading competition and antitrust team.’

‘Jocelyn Chow is a star in the competition and antitrust field. Extremely hard-working, thorough, and reliable, Jocelyn provides insightful, strategic advice and top-drawer representation across regulatory investigations, competition proceedings, mergers, and market power analyses.’

‘The team has a broad capability in matters relating to antitrust and competition. They are easy to work with and proactive in keeping clients updated on relevant developments.’

‘Jocelyn Chow has excellent legal knowledge and provides clear, helpful advice on a range of issues. She is an excellent communicator and adept at dealing with internal business clients as well as legal teams.’

Key clients

Hong Kong Competition Commission


Hong Kong Communications Authority


Cathay Pacific Airways Group


China National Petroleum Corporation


HNA Group


New World Developments


Chow Tai Fook Jewellery Group


Work highlights


  • Acted for the Competition Commission in its enforcement action under the Second Conduct Rule of the Competition Ordinance, alleging an abuse of market power by Linde and the involvement of an individual in the alleged abuse (Competition Commission v Linde HKO Limited, Tse Chun Wah and Linde GmbH (CTEA 3/2020)), until the close of pleadings.
  • Advising the client on the conduct of an internal investigation into certain allegations of anti-competitive conduct raised by a competitor as regards the client’s Hong Kong and Greater China sales arrangements. This involved extensive reviews and strategic advice on relatively novel theories of harm.
  • Acting for an international airline headquartered in Asia, undertaking a root and branch competition law compliance review for the major international airline, across all of its major business units and subsidiaries.

Mayer Brown

Mayer Brown houses a broad team which leverages its global network to assist clients across Europe and the US with the competition aspects of transactions, dawn raid response programmes, and compliance within China. Practice co-head Hannah Ha has broad, longstanding experience in assisting clients with HKCC investigations and compliance, in addition to merger control filings within the PRC. John Hickin acts for both global brands and domestic companies in requests and inquiries, internal investigations, and the establishment of joint ventures.

Practice head(s):

Hannah Ha; John Hickin


O'Melveny

O'Melveny's team assists a diverse client base from a range of industries, including telecommunications, petrochemicals, and biotechnology. Collectively, the group has vast knowledge of the SAMR merger process, unfair trade practice regulations, and investigations conducted by the Taiwan FTC. Philip Monaghan utilises his prior expertise as the Executive Director General Counsel of the HKCC to advise global corporates on cartels and leniency, resale price maintenance, and merger control issues, with particular emphasis given to semiconductors within China.

Practice head(s):

Philip Monaghan


Key clients

Coherent Corp.


Asiana Airlines


TTM Technologies, Inc.


Leading multinational technology conglomerate


CJ ENM Co., Ltd.


I Squared Capital Advisors (HK) Limited


Semtech Corporation


DL Chemical Co. Ltd.


Work highlights


  • Advising Asiana on its proposed acquisition by Korean Air Lines Co., Ltd. The tie-up of the two Asian carriers, which compete in numerous markets worldwide, has faced close regulatory scrutiny by the major competition enforcers and other global competition authorities. China’s SAMR and the UK’s CMA have approved the transaction subject to remedies, with the European Commission and US Department of Justice continuing their investigations.
  • Represented TTM Technologies Inc., a leading global printed circuit board producer, on merger control and FDI filing requirements related to its approximately $330 m acquisition of Telephonics Corporation from Griffon Corporation.
  • Acting for Coherent Corp. in the Asia merger control and FDI filings for its proposed acquisition of Coherent, Inc., a merger of two of the largest companies in the photonics sector. The firm secured an unconditional clearance in South Korea and a conditional clearance in China for the client, and are guiding the client in implementing the supply and purchase behavioural remedies imposed by SAMR.

Skadden, Arps, Slate, Meagher & Flom LLP

The team at Skadden, Arps, Slate, Meagher & Flom LLP primarily focuses on merger control notifications governed by international agencies, such as the Korea Fair Trade Commission, the Competition Commission of India, and the Competition and Consumer Commission of Singapore. Dividing his time between Hong Kong and Beijing, practice head Andrew Foster regularly advises on PRC related merger control issues for technology and telecoms clients. Associate Jacqueline Arena has a great deal of experience in handling compliance issues and investigations.

Practice head(s):

Andrew Foster


Key clients

Intel Corporation


HP Inc.


Activision Blizzard, Inc.


Coherent, Inc.


Entegris Inc.


DuPont de Nemours, Inc.


Axiata Group Berhad


Mars, Inc.


JX Nippon


Brookfield Asset Management


Adobe, Inc.


Amazon.com, Inc.


Allen & Overy

The team at Allen & Overy, in close collaboration with Lang Yue Law Firm in China, handles investigations by SAMR, dawn raids, and leniency applications. The group regularly represents Chinese state-owned companies in merger filings and compliance related matters, particularly within the areas of technology and sustainability. François Renard departed the practice in July 2023.

Key clients

Maersk


Evonik


Contemporary Amperex Technology Limited


LuoyangGuohong Investment Holding Group Co., Ltd.


Advent


DSM


Cargill


Corio Generation


BMT Group


Work highlights


  • Advised Maersk on the acquisition of LF Logistics, a Hong Kong-based contract logistics company. This is a USD3.6 bn cross-border merger in the shipping and logistics industry.
  • Advised Evonik on the merger filings in China and in the EU for its contemplated establishment of a polymethacrylimide foam joint venture with the affiliates of AVIC Aviation High-Technology. PMI foam is a major material used in the exterior structures of aircraft, helicopters and space vehicles.
  • Advised Contemporary Amperex Technology Limited and Luoyang Guohong Investment Holding Group Co., Ltd. on the multi-jurisdictional merger control analysis of the strategic restructuring investment in Sichuan Contemporary Amperex Technology Limited.

Tiang & Partners

In cooperation with PwC, Tiang & Partners handles a broad range of issues, including merger control filings, regulatory investigations, and compliance programmes involving dawn raid training. Martyn Huckerby works out of both the Hong Kong and Shanghai offices, and advises on numerous merger filings, compliance issues, and dawn raids. Huckerby has broad expertise spanning the telecoms, education, and TMT sectors.

Practice head(s):

Martyn Huckerby


Testimonials

‘I find them to be very capable, easy to work with, and reliable both in timeliness and quality of advice.’

Key clients

Global Shipping Business Network


Expedia, Inc.


BlueScope Steel Investment Management (Shanghai) Co. Ltd.


Work highlights


  • Advised GSBN on securing global antitrust approvals required for the GSBN project in multiple jurisdictions. The firm also advised the client on their ongoing regulatory work.
  • Advising Expedia on consumer protection, regulatory and competition law matters in Hong Kong and mainland China (through collaboration with local firms in mainland China) over the past 12 months.
  • Advising BlueScope Steel Investment Management (Shanghai) Co. Ltd. on its subsidiary’s proposed lobby activities with competitors in light of the requirements under the PRC Anti-Monopoly Law.