José Rafael Bustamante Crespo > Bustamante Fabara > Quito, Ecuador > Lawyer Profile

Bustamante Fabara
AVENUES PATRIA AND AMAZONAS
COFIEC BUILDING, 4TH, 5TH, 10TH, 11TH AND 16TH FLOORS
QUITO
Ecuador
José Rafael Bustamante Crespo photo

Work Department

General Practice

Position

Partner

José Rafael hast experience in M&A activity in Ecuador. He has been one of the leaders of the department since 2010, structuring complex transactions that have set a precedent in the Ecuadorian jurisdiction. He has thorough experience in antitrust, having successfully cleared complex transactions that have resulted in market concentrations of over 90%. José Rafael´s main areas of practice include: Corporate Law, Mergers & Acquisitions, Antitrust Law, Project Financing and natural resources, including mining and oil & gas. Having vast experience in Antitrust Law, José Rafael advised AB InBev in the merger filing in Ecuador for the approval of one of the biggest worldwide M&A transactions, as part of AB InBev’s global acquisition of SABMiller. José Rafael is currently advising AB InBEv in the fulfillment of the commitments agreed with the Antitrust Authority in regards to the remedies imposed for the merger clearance for the global acquisition of SABMiller.  With extensive experience dealing with mining projects, José Rafael recently participated in the Fruta del Norte Project assisting Kinross Gold Corporation. Recently, he also represented and assisted Corporacion GPF, parent company of the biggest Ecuadorian retail pharmaceutical company, Fybeca, as well as Sana Sana, OkiDoki, Abefarm and Provefarma, in negotiations with the International Finance Corporation (IFC), member of the World Bank Group, in order to obtain a US$30 million loan for an Advanced Logistic Center that will enhance the company’s efficiency in all of their 634 stores throughout the country. José Rafael also advised ARCA (Mexican COCA COLA Bottling Company) in the acquisition of EBC (Ecuadorian COCA COLA Bottling Company), the biggest non-oil private business transaction in the Ecuadorian history.

Career

Partner, Bustamante & Bustamante Law Firm; Financial Manager, EDESA S.A., 2004-2010; Administrative and Financial Manager, Bustamante & Bustamante Law Firm, 2004; Financial Control Analyst, Banco Centro Mundo, Summer 2003; Intern, EDESA S.A., Summer 2002

Languages

Spanish, English.

Memberships

Ecuadorian Bar.

Education

Georgetown University, Washington D.C. (Principles of Macroeconomics); University of Richmond, Robins School of Business, Richmond, Virginia (Bachelor of Science in Business Administration); Universidad de las Americas, Quito, Ecuador (Attorney)

Leisure

Soccer, motorcycle riding, horseback riding, water ski.

Lawyer Rankings

Ecuador > Corporate and M&A

(Leading individuals)

José Rafael Bustamante CrespoBustamante Fabara

The November-2021 merger of Bustamante & Bustamante and Fabara & Compañía saw the establishment of Bustamante Fabara. The combined firm’s corporate practice provides an ‘impeccable’ offering to its roster of domestic and multinational clients, advising on due diligence, corporate restructurings, joint ventures and M&A, among other matters, with the latter representing a key area of work for the firm. José Rafael Bustamante Crespo has expertise in complex cross-border transactions and co-leads the practice alongside ‘very highly recommended‘ corporate practitioner María Rosa Fabara, who stands out for her experience advising foreign clients in connection with M&A and corporate reorganizations. Other key practitioners include senior figure Juan Carlos Bustamante , who has over 50 years’ experience and supports the team in cross-border matters; while Juan Felipe Bustamante focuses on corporate restructurings and foreign investment. At the senior associate level, Kirina González is noted for her work on a range of cross-border transactions; and Andrés Becdach for his handling of foreign direct investment, corporate restructuring, and incorporations.

Ecuador > Competition and antitrust

Born of the November 2021 merger between Bustamante & Bustamante and Fabara & Compañía, Bustamante Fabara fields an integrated and experienced team that handles the full range of competition matters, including abuse of dominance, merger control, investigations, unfair competition, and antitrust litigation. Recent mandates saw the team represent Chaide & Chaide in two claims against Lamitex -one for unlawful competition and one alleging abuse of market position- before the national antitrust authority. The practice is divided between co-led by senior partners José Rafael Bustamante Crespo  and José Rafael Bustamante Crespo, both of whom have lengthy experience of the competition sector, particularly on the merger-filings aspect. At associate level, senior Daniel Castelo regularly represents clients before the competition authorities as well as handling merger filings; while director Kirina González, who also handles merger-filing matters, also has particular knowledge of vertical and horizontal concentration issues. Competition-dedicated intermediate associate Esteban Dávila is also noted. Since research concluded, Castelo has been raised to practice director, effective as of October 2022.

Born of the November 2021 merger between Bustamante & Bustamante and Fabara & Compañía, Bustamante Fabara fields an integrated and experienced team that handles the full range of competition matters, including abuse of dominance, merger control, investigations, unfair competition, and antitrust litigation. Recent mandates saw the team represent Chaide & Chaide in two claims against Lamitex -one for unlawful competition and one alleging abuse of market position- before the national antitrust authority. The practice is divided between co-led by senior partners José Rafael Bustamante Crespo  and José Rafael Bustamante Crespo, both of whom have lengthy experience of the competition sector, particularly on the merger-filings aspect. At associate level, senior Daniel Castelo regularly represents clients before the competition authorities as well as handling merger filings; while director Kirina González, who also handles merger-filing matters, also has particular knowledge of vertical and horizontal concentration issues. Competition-dedicated intermediate associate Esteban Dávila is also noted. Since research concluded, Castelo has been raised to practice director, effective as of October 2022.

Ecuador > Real estate

Bustamante Fabara‘s real estate team is primarily focused on the hospitality and tourism industries, representing largely high-profile clients on the sale, purchase and leasing of urban and rural developments. Regarded for an ‘exceptional advisory service’, it also acts for the likes of Phoenix Tower International and Textiles El Rayo on due diligence and transactional work for the acquisition of real estate properties. José Rafael Bustamante Espinosa leads the practice alongside Juan Felipe Bustamante, who is well-regarded for his expertise in regulatory issues, as well as matters relating to the hospitality industry. Other key figures in the team include José Rafael Bustamante Crespo, who handles transactional aspects of acquisitions and financing; and associates José Antonio Bustamante and Andrés Becdach, who focus on construction permits and M&A transactions relating to real estate development.