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Lunchtime Seminar Series 2009<br />

<strong>Competition</strong> <strong>and</strong> <strong>Merger</strong> <strong>Issues</strong><br />

<strong>In</strong> <strong>Agreements</strong>, <strong>Joint</strong> Ventures &<br />

Restructuring - A Regional Update<br />

By The <strong>Competition</strong> & Trade Laws Practice<br />

The Seminar<br />

Date:<br />

Time:<br />

Venue:<br />

Speakers:<br />

5 March 2009, Thursday<br />

12.30 pm – 2.30 pm (Lunch will be served at 12 noon)<br />

4 Battery Road #17-00 Bank Of China Building (Rajah & Tann LLP Auditorium)<br />

Ms Kala An<strong>and</strong>arajah, Ms Dominique Lombardi<br />

The current economic climate has led many businesses to restructure their activities to remain competitive <strong>and</strong> profitable.<br />

Businesses restructure themselves through acquisitions, amalgamations <strong>and</strong> joint ventures, or simply through<br />

agreements of a more cooperative nature. As <strong>Competition</strong> Laws regulate the relationships between businesses so as to<br />

ensure fair competition in the market, any such restructuring plans by businesses may come under scrutiny by the<br />

<strong>Competition</strong> Authorities in Singapore as well as such other countries that are affected by the restructuring plans.<br />

Since most of the countries in the region have <strong>Competition</strong> Laws in place, this seminar will provide businesses with a<br />

practical overview of how regional <strong>Competition</strong> Laws would apply to their agreements, joint ventures <strong>and</strong> restructuring<br />

plans. <strong>In</strong> particular, the following specific points will be addressed:<br />

• <strong>Merger</strong> <strong>Issues</strong>, Drawing From Recent Cases <strong>In</strong> Singapore And Sharing Experiences From Vietnam, <strong>In</strong>donesia,<br />

<strong>In</strong>dia, China Etc<br />

• Available Defences, <strong>In</strong>cluding The Failing Firm Defence<br />

• <strong>Competition</strong> <strong>Issues</strong> Other Than <strong>Merger</strong> Concerns, Particularly Where There Are No <strong>Merger</strong> Provisions<br />

• Various Types Of Arrangements, <strong>In</strong>cluding Cooperative <strong>Agreements</strong>, Vertical <strong>Agreements</strong> Etc - How<br />

<strong>Competition</strong> Laws Apply<br />

• State Of Current Enforcement<br />

There is a particular focus on recent updates <strong>and</strong> practical applications.


The Speakers<br />

Kala An<strong>and</strong>arajah is a partner at Rajah & Tann LLP, one of the largest Asian law firms, where she heads the <strong>Competition</strong> &<br />

Trade Law Practice (which was recently voted <strong>Competition</strong> Law Firm of the Year by ACQ Finance) <strong>and</strong> leads the Corporate<br />

Governance Practice. With nearly two decades of experience, she has been cited on numerous occasions in the last decade<br />

as a leading lawyer in the various areas that she practices in, including <strong>Competition</strong> & Anti-Trust Laws, Corporate Governance<br />

<strong>and</strong> Corporate, Employment, Trade <strong>and</strong> Environmental Laws by international peer-reviewed legal ranking journals. The<br />

AsiaPacific Legal 500 notes that ‘Kala An<strong>and</strong>arajah has emerged as a leading authority in corporate governance, compliance<br />

<strong>and</strong> competition issues..’, whilst the The Who’s Who of Leading Practitioners Singapore describes her as ‘highly active <strong>and</strong><br />

very good’ <strong>and</strong> an ‘acknowledged authority in this field’. The Who’s Who of Leading Practitioners Singapore also describes<br />

her as ‘very knowledgeable’ in <strong>Competition</strong> Law matters. Kala frequently acts for multinationals, TLCs, SMEs, financial<br />

institutions, NGOs <strong>and</strong> even countries in her areas of practice. She has acted in many leading matters <strong>and</strong> firsts on the<br />

<strong>Competition</strong> Law front in the last few years. She has written very widely, including the first book on <strong>Competition</strong> Laws, on<br />

Corporate Governance <strong>and</strong> on Trade in Singapore, <strong>and</strong> presented at numerous conferences internationally. She sits on<br />

various committees, including as a member of the <strong>Competition</strong> Commission Roundtable, as a member of the Workplace Safety<br />

<strong>and</strong> Health Council, <strong>and</strong> as a Council Member <strong>and</strong> Director of the Singapore <strong>In</strong>stitute of Directors. She was a member of the<br />

Review Committee that reviewed <strong>and</strong> recommended amendments to the Singapore Corporate Governance Code which took<br />

effect in 2007 <strong>and</strong> was Chairperson of the Law Society of Singapore Corporate Practice Committee for 5 years, stepping down<br />

at the end of 2008.<br />

Dominique Lombardi is a partner (foreign lawyer) in Rajah <strong>and</strong> Tann LLP’s <strong>Competition</strong> <strong>and</strong> Trade Law team. Dominique has<br />

a Masters degree in Business Law from Paris X University <strong>and</strong> was called to the Paris bar in 1992. She was a competition<br />

lawyer in France in a private law firm for several years before subsequently going in-house, where she carried on her work in<br />

<strong>Competition</strong> <strong>and</strong> Anti-Trust laws. She has extensive experience in European <strong>Competition</strong> Law <strong>and</strong> regulatory issues. Her<br />

expertise extends to anti-competitive practices, restrictive practices, merger control, <strong>and</strong> deregulation law. She is especially<br />

knowledgeable in the energy industry having spent a substantial amount of time on <strong>Competition</strong> Law work in that industry.<br />

Since she joined the firm in 2006, Dominique has been involved extensively in advising a number of corporations on all types<br />

of <strong>Competition</strong> Law issues. These include participating in various notifications to the <strong>Competition</strong> Commission of Singapore<br />

(‘CCS’) for cooperative agreements between competitors <strong>and</strong> for mergers; helping in investigations initiated by the CCS;<br />

contributing to the filing of leniency applications with the regulator; assisting with the implementation of compliance<br />

programmes for both local firms <strong>and</strong> MNCs; reviewing merger deals <strong>and</strong> determining whether notification to the CCS was<br />

required <strong>and</strong> more. <strong>In</strong>dustries reviewed for <strong>Competition</strong> Law purposes comprise, inter alia, banking, airlines, construction,<br />

energy, music <strong>and</strong> insurance. Dominique has been nominated as one of Singapore’s leading practitioners in <strong>Competition</strong> Law<br />

in Who’s Who Legal: Singapore 2008.<br />

<strong>Competition</strong> & Trade Laws<br />

Rajah & Tann was one of the first Singapore law firms to establish a <strong>Competition</strong> <strong>and</strong> Trade Laws Practice <strong>and</strong> the Practice is currently the<br />

largest in Singapore. Led by Kala An<strong>and</strong>arajah, who is a member of the <strong>Competition</strong> Roundtable established by the <strong>Competition</strong> Commission<br />

of Singapore, <strong>and</strong> who is cited as a leading <strong>Competition</strong> <strong>and</strong> Anti-Trust Lawyer by a number of major international legal ranking journals, the<br />

<strong>Competition</strong> Team consists of partners Andrew Ong (Consultant), a leading practitioner in <strong>In</strong>formation Technology, Telecommunications <strong>and</strong><br />

Media Law <strong>and</strong> who is also a member of the <strong>Competition</strong> Roundtable; Andre Yeap (Senior Counsel), an appointed member of the <strong>Competition</strong><br />

Appeals Board in Singapore; <strong>and</strong> Dominique Lombardi, who has extensive experience of more than a decade in European <strong>Competition</strong> Law.<br />

The Practice is very ably assisted by a team of associates which includes lawyers from different jurisdictions who have trained in Australia,<br />

Canada, <strong>In</strong>donesia <strong>and</strong> the United Kingdom as well as one lawyer with a PhD in <strong>Competition</strong> Law. The Practice advises a large number of<br />

corporations in a wide spectrum of industries on all types of <strong>Competition</strong> Law issues.


<strong>Competition</strong> <strong>and</strong> <strong>Merger</strong> <strong>Issues</strong><br />

<strong>In</strong> <strong>Agreements</strong>, <strong>Joint</strong> Ventures & Restructuring<br />

- A Regional Update<br />

By <strong>Competition</strong> & Trade Laws<br />

5 March 2009<br />

The Reply Slip<br />

Please fax or email the attached Reply Form confirming your attendance by 27 February 2009, Friday.<br />

Please do not hesitate to contact the Knowledge & Risk Management Group if we can be of any assistance.<br />

Our contact details:<br />

Tel: 6507 9549<br />

Fax: 6438 9622<br />

Email: rtseminars@rajahtann.com<br />

Name (1): __________________________________<br />

Designation: ________________________________<br />

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Note: We will try to accommodate as many attendees as possible from your organisations, but should there be any seats<br />

constraints, we may have to limit to 3 attendees from each organisation.

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