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a. Merger Clearances & Advice
- Acting for a large MNC involved in the Renal Dialysis Business in relation to a Merger Clearance following the acquisition of the renal dialysis business from another corporation. Confidential for now. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Acted for Fortis Global Healthcare Mauritius Limited, a subsidiary of Fortis Healthcare Limited, on all Competition law related issues in its acquisition of a 23.9% stake in Parkway Holdings Limited, a company listed on the Main Board of the Singapore Exchange Securities Trading Limited. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Acting for a client in preparing Statements of Objections and handling the objections to a proposed merger notified to the CCS; merger not approved at Phase 1. Solicitors acted – Kala Anandarajah, assisted by Ajinkya Tulpule.
- Acted as Singapore counsel for Oracle Inc on all Competition law related issues pertaining to the acquisition of Sun Microsystems. Solicitor acted – Kala Anandarajah.
- Acted as Singapore counsel on all competition law related issues for the Lonza Group in Singapore in relation to the share purchase with Genentech Inc. Solicitor acted – Kala Anandarajah.
- Successfully obtained a merger clearance from the Competition Commission of Singapore in relation to the acquisition by acquisition of the bonding wire business of Kulicke and Soffa Industries, Inc. by W.C. Heraeus GmbH. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi and Corinne Chew.
- Successfully obtained Merger Clearance from the Competition Commission of Singapore in relation to the Acquisition by Chartered Semiconductor Manufacturing Ltd. of Hitachi Semiconductor Pte Ltd. This is the first Merger Clearance obtained, where the Notification was only undertaken in Singapore, although the transaction was a global one. Solicitors acted – Kala Anandarajah, assisted Corinne Chew.
- Advised on all Competition and Merger concerns as Singapore Counsel in relation to the Acquisition by Kulicke & Soffa Industries, Inc. of Orthodyne Electronics. Solicitor acted – Kala Anandarajah.
- Advised various bidders (including the successful bidder, Lion Power Consortium, which included Marubeni and GDF, for the sale of the Senoko Pte Ltd), one of the larger Generation companies sold) on all 3 acquisitions of the Generation Companies in Singapore, which were sold by Temasek Holdings, on all aspects of merger and anti-competition concerns which fell under the purview of the Energy Market Authority jurisdiction, including engaging the Energy Market Authority and writing in for various exemptions. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Prepared pre-notification determinations and submitted to Competition Commission as a preliminary to merger filing even where the matter was not eventually lodged with the Competition Commission. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Advised on all Competition and Merger concerns as Singapore Counsel in relation to the contemplated Merger between two European corporations active in the international electronic components sector, which merger failed to eventually proceed. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Advised extensively on a joint venture in the petroleum industry which was created to carry out certain functions for the joint venture parties in relation to all competition and merger concerns and whether clearances had to be obtained. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Provided extensive advice in relation to a joint venture between several corporations in the ready-mix and cement industry and studied whether a merger clearance had to be obtained. Solicitors acted – Kala Anandarajah, assisted by Corinne Chew.
- Acting in several merger matters, being studied for whether clearance required in Singapore, China, Indonesia etc. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Assisted with implementing merger guidelines compliance programme, including manual and training. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
b. Notification For Decision / Guidance On Anti-Competitive Agreements & Dominance
- Acting for two major international music corporations in clearing the licensing arrangement entered into between them. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi and Leonardo Bernard.
- Successfully obtained ruling in a confidential Notification for Guidance in respect of an agreement between the largest local financial institutions and a major payment scheme operator in the financial industry in Singapore. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Successfully acted for Qantas Airways Ltd and British Airways Pte Ltd in obtaining a Decision from the Competition Commission of Singapore in relation to their cooperation, the first public decision to be issued by the Competition Commission in Singapore. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Successfully acted for Qantas Airways Ltd and Orangestar Holdings Pte Ltd in obtaining a Decision in draft from the Competition Commission of Singapore in relation to their cooperation, the second public decision to be issued by the Competition Commission in Singapore. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Provided extensive advice on an agreement involving two large corporations in the payment scheme / financial industry in relation to anti-competition implications from their proposed arrangement relating to payment cards. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
c. Investigations & Disputes
- Acting in the first two appeals before the Competition Appeal Board in Singapore in relation to the price fixing cartel involving the express bus operations between Singapore and Malaysia and Thailand. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi and Ajinkya Tulpule.
- Acted for the APRIL Group and various individual respondents in relation to a paper cartel in Korea and Australia, and managed the settlement process as instructing counsel to effectively reach a satisfactory settlement in Australia, where inter alia the case against a number of the companies and all the individual respondents were dismissed. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Acting as Singapore counsel for one of the largest cargo carriers in the global cartel investigation involving fuel surcharges. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Acting for passenger carriers in the global cartel investigation involving fuel surcharges. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Acting in several other on-going cartel investigations involving various trade associations and others in multiple industries and other entities as well, all of which are confidential and cannot be named. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Acting in several on-going non-cartel investigations involving dominance, particularly on abuse concerns relating to pricing, imposition of various trade terms etc, all of which are confidential and cannot be named. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Assisting more than one party in preparing and putting in an application for leniency at various competition commissions in the region, involving differing industries. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Successfully reduced penalties payable for the several parties, including the trade association, Express Bus Agencies Association, acted for in the cartel involving the express bus operations between Singapore and Malaysia and Thailand, the first price fixing cartel decision to be issued by the Competition Commission of Singapore. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi, Leonardo Bernard and Ajinkya Tulpule.
- Advised on an extensive arbitration involving competition law issues out of Indonesia and relating to the supply of products in relation to infrastructure involving Indonesian Law. This matter also required intimate involvement in designing a set of survey questions, working with consultants to gather relevant data, analyse and consolidate the data and additional information and putting together a report on the industry. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Successfully acted for NETS in investigations carried out by the Competition Commission in respect of a complaint by CASE for alleged anti-competitive activities in providing SME Merchants entry criteria. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Successfully acted for NETS in investigations carried out by the Competition Commission in respect of a complaint by CASE for alleged abuse of dominance in raising merchant fees. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Acted for Stansfield Group in compliant lodged against CASE and NTUC for anti-competitive behaviour. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Successfully wrote in representations to the Competition Commission of Singapore in relation to investigations undertaken by the Commission in relation to potential bid rigging and price fixing matter involving a pacific level in the construction industry. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Successfully acted for a major insurer in investigations carried out by the Competition Commission in respect in relation to a complaint involving anti-competitive relations between the insurer and another party, with issues including tying and bundling. Solicitor acted – Kala Anandarajah.
d. Competition Law Advice On Agreements, Contracts, Arrangements etc
- Acting for several airlines from various countries on various aspects of competition and anti-trust issues, leasing, financing etc issues, the names of which are confidential. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi and Corinne Chew.
- Advising various corporations on competition law issues in various Asian countries involving a distributorship relationship by a potentially large player, who could in some jurisdictions have dominance. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Acted for several of the largest regional telecommunication corporations on various aspects of competition law issues involving the region. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advising various corporation on competition law issues, including cartels, abuses of dominance, mergers etc. in various Asian countries. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Advising large corporations with international operations on potential raid and action to be taken, including preparation of raid team. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Advised extensively on validity of 50–50 joint venture vis-à-vis competition laws. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Advised shareholders of a dominant player in the financial industry with exclusionary practices on modifications to be made to their arrangements. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Prepared application for request to issue block exemption to a particular industry. Solicitor acted – Kala Anandarajah.
- Advised on price fixing and assisting with unwinding of certain transactions to ensure compliance with Competition laws. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Advised listed company on whether the conduct of due diligence will be struck down as anti-competitive as it involves information sharing, and how to deal with this situation. Solicitor acted – Kala Anandarajah.
e. Regulatory, Compliance & Training
- 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 Laws, vis-à-vis Competition Act, including extensive due diligence exercise and contract review, and drafting compliance protocols. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Drafting competition compliance manual for Singapore arm of large multinational electronics corporation, for Singapore arm of large US based financial institution with international presence, for large Singapore incorporated Conglomerate with regional presence and others. Solicitor acted – Kala Anandarajah.
- Providing trade associations advice on impact of Competition Laws and reviewing all market agreements. Solicitor acted – Kala Anandarajah.
- Reviewed agreements and other documentation of several corporations from multiple industries to ensure compliance with impending Competition Laws, including drafting appropriate clauses in agreements bearing in mind impending legislation. Solicitor acted – Kala Anandarajah.
- Wrote in representations on behalf of several clients from multiple industries on the newly released Competition Law Consultation Paper and Draft Competition Law Bill in 2004. Solicitor acted – Kala Anandarajah.
- Conducted extensive training on the proposed Competition Laws in Singapore, including Section 34, Section 47 and Market Definition Guidelines to clients in varying industries as well as public seminars. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Conducted training in various Asian countries, including Vietnam, Laos and Brunei for the regulations to better understand Competition Policy and Regulation. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Advising on multi-jurisdictional competition laws and its impact on doing business. Solicitors acted – Kala Anandarajah, assisted by Dominique Lombardi.
- Advised on situations involving departing employees and directors & officers and other matters of anti-trust agreements. Solicitor acted – Kala Anandarajah.
- Advised on major anti-dumping mater involving Singapore, strategic plans on how to raise complain through the relevant Ministry of Trade. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advising on permit and other requirements in relation to Strategic Goods for a major US-based multinational corporation. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised a multinational corporation on trade sanctions involving Iraq and the import of certain specified goods from and compliance requirements therefore involving Switzerland, South Africa, Singapore and Australia. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised a multinational corporation on what prohibitions are US citizens subjected to, whether they are based in the US or otherwise as regards trade related matters. Solicitors acted – Kala Anandarajah, assisted by Ajinkya Tulpule.
- Advised German based multinational corporation on the imposition of export-import boycott requirements into a trade related agreement involving Israel. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised EU based corporation on the export-import of goods into Liberia, Iraq, and various other Middle Eastern countries, focusing on trade sanctions and trade restrictions. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised various other corporations from time to time on structuring legitimately the export of goods such that the origin is viewed as coming from a different jurisdiction so as to comply with trade restrictions and sanctions. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised a US based multinational corporation involved in the semiconductor business on issues relating to strategic goods, where the appropriate permits were not obtained for export of the strategic goods, and assisting with clearing the export. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised and assisting the US based multinational corporation involved in the semiconductor business on the best structure to adopt with the permitting requirements for their exports and imports into Singapore, as well as assisting with their requisite applications to obtain the permits. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- 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. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- 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. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- 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. Solicitor acted – Kala Anandarajah.
- Advised a major multi-national 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. Solicitor acted – Kala Anandarajah.
- Advised Vietnamese counsel on an anti-dumping dispute arising between corporations based in Vietnam and India. Solicitor acted – Kala Anandarajah.
- Advised various other corporations from time to time on anti-dumping issues and structuring transactions so that it does not violate anti-dumping rules, whilst nevertheless keeping with competition and anti-trust rules. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised a regional foundry based primarily in Singapore and with a manufacturing plant in Singapore and China, on issues relating to country of origin of certain products that it resold to another party in the EU. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised extensively on a number of issues from time to time relating to the United Nations Sale of Goods Convention. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised extensively on a number of issues from time to time arising out of the United Nations Transboundary Transportation of Hazardous Goods Convention. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised and drafted various multinational corporations on warehousing' logistics and other forms of agreements. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
- Advised on Retention of Title Clauses across several jurisdictions. Solicitors acted – Kala Anandarajah, assisted by Leonardo Bernard.
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