International Merger Control: An Update from the BRICs for US Clients
Against the backdrop of constantly changing international merger control regimes, this webcast, led by Deidre Johnson of Ropes & Gray LLP, will focus on updates to some of the most in-depth and problematic merger control regimes, including those in Brazil, Russia, India and China. Interesting developments to be discussed will include:
- New Simplified Procedure in China, including current timelines;
- Updated merger control regime in Brazil, including impact on timeline;
- Updates and current trends in Russia and India; and
- Managing local counsel, timeline and competing priorities from the perspective of US counsel and our clients.
Bruno Drago, Partner
- New rules for Mandatory Submission in Brazil: general criteria, concept of economic group for investment funds and associative agreements;
- Recent Gun jumping decisions;
- Implementation of Consultation Proceedings;
- What is next?
Evgeny Yuriev, Senior Associate
Herbert Smith Freehills
International merger control – when can “Russian angle” come into play?
- When Russian clearance may be required (including in foreign-to-foreign transactions)
- How is Russian regulation different from US, EU and other jurisdictions?
- Any changes to regulator’s approaches with recent global trends?
- Tips for dealing with Russian merger control and regulatory
Shweta Shroff Chopra, Partner
Shardul Amarchand Mangaldas & Co.
Indian merger control – recent trends and challenges
- Assessing the trigger event for filing a notification with the Competition Commission of India (CCI);
- CCI’s expansive interpretation of “control”;
- Reduced scope of exemptions – CCI’s interpretation of “solely as an investment” and “ordinary course of business”;
- Recent stage II investigations and remedies
Melanie Chen, Head of the China Group
- Highlights of the new regulation that simplified Chinese Companies’ Investments Overseas
- The new regulation that simplifies foreign investors setting up operations in the Pilot Free Trade Zones in China
- How to take advantage of the more relaxed policies in China for cross-border transactions?
Deidre J. Johnson, Counsel
Ropes & Gray LLP
- Simplified China Procedure
- Comparison of filings that took very short amount of time to clear versus
- filings that took very long amount of time to clear
- Discussion about what happens when, as a result of publication of deals
- under China’s simplified procedure, someone complains to MOFCOM
- Provincial effects of China’s merger control policies
Who Should Attend:
- In-house attorneys or business people at private equity, hedge fund, or other investing firms
- In-house attorneys or business people at international companies
- Merger control and antitrust practitioners from around the world
Deidre Johnson focuses her practice on antitrust and is head of Ropes & Gray’s premerger notification practice. She counsels clients on their obligations under the Hart-Scott-Rodino Antitrust Improvements Act and foreign premerger regimes and has successfully guided numerous clients through the premerger process, responding to informal inquiries and second requests as necessary. Deidre routinely represents buyers, shareholders and sellers in financial and strategic acquisitions of all types from leveraged buy-outs, stock acquisitions, joint venture formations and public takeovers to licensing transactions and co-development/co-promotion agreements. Her clients include multi-national corporations, private equity, venture capital and hedge funds, mutual funds and investment advisors. She also counsels executive officers and directors in HSR Act compliance in connection with the grant and exercise of stock and stock options, and advises clients with respect to permissible pre-clearance and pre-closing activities, including information exchanges.
Deidre Johnson focuses her practice on antitrust and is head of Ropes & Gray’s premerger notification practice. She counsels clients …
Melanie is the Managing Director of UHY LLP in the New York City office and specialized in tax planning for multinational companies doing cross-border transactions between US and China. She has broad resources and significant experience in advising Chinese companies’ access to the US markets, as well as two decades of experience in assisting US companies doing business in the Greater China region.
Melanie received her Bachelor of Law and Master of Law degrees from Beijing University and Harvard Law School. She is a licensed attorney in the State of New York and China.
Melanie is the Managing Director of UHY LLP in the New York City office and specialized in tax planning for …
Bruno has been practicing in the area of Competition Law for more than 15 years, including activities related to notifications of mergers and acquisitions and associative contracts to the Brazilian Competition Policy System (“SBDC”), international and local cartels, and abuse of dominant position. Bruno’s experience involves several economy sectors, such as pharmaceutical, chemical, automotive, oil and gas, energy, civil construction, health, footwear, agribusiness, electric-electronic, beverage and transportation, among other industries. Bruno is also experienced in negotiating leniency agreements, Cease and Desist Agreements (“TCCs”) and Agreements on Concentration Control (“ACCs”) as well as in implementing and reviewing compliance programs. Bruno was an associate attorney at Howrey LLP, in Brussels, where he worked on competition issues before the European Commission, Member States and European Courts (2005/2006) and in Washington, D.C.(2007). Council Member of the Brazilian Institute of Studies of Competition, Consumption and International Trade (Instituto Brasileiro de Estudos de Concorrência, Consumo e Comércio Internacional –” IBRAC”) and Member of the Competition Law Commission (Comissão de Direito Concorrencial – “CECORE”). Bruno has also completed his LLM in Competition Law at King's College (2005), and his phd in Commercial Law, with major in Competition, at Universidade de São Paulo (2015).
Bruno has been practicing in the area of Competition Law for more than 15 years, including activities related to notifications …
Ms. Shweta Shroff Chopra is a Partner in the Firm's Competition Law Practice, and has over 10 years experience in advising on financing, corporate and competition law matters. Shweta has been practicing competition law since its early days, having been involved in several high profile cases relating to abuse of dominance, cartels and merger control.
Shweta’s clients encompass prominent names of the industry, inlcuding HDFC Limited, Apollo Tyres, Coal India Limited, Holcim Group of Companies, Vodafone India Limited, Bharti Airtel, Temasek group, and PVR Cinemas. Shweta has been engaged in leading high profile enforcement cases before the CCI and the Competition Appellate Tribunal (COMPAT) including representing HDFC Limited in the Bank Prepayment Charges case, Jindal Steel & Power Limited against Steel Authority of India Limited, Holcim group companies ACC Limited and Ambuja Cements Limited in the Cement cartel case, Apollo Tyres Limited in the Tyres cartel case, Coal India Limited in abuse of dominance and cartel cases in relation to procurement of explosives, and Vodafone India Limited in an anti-competitive tie–in in a case involving the sale of Apple iPhones.
Shweta was also involved in the seminal CCI v. SAIL case, the first case under the Competition Act to be decided by the Hon’ble Supreme Court of India and is currently representing state-owned oil marketing companies on the important litigation surrounding regulatory overlaps between the CCI and the Petroleum and Natural Gas Regulatory Board. On the merger control front, Shweta has successfully obtained unconditional merger clearances from the CCI for various transactions, including in relation to Huhtamaki Group’s acquisition of Positive Packaging group; Beckman Coulter’s acquisition of Siemens’ Microbiology Technology business, Zuari (Adventz) Group’s open offer for shares of Mangalore Chemicals & Fertilisers Limited, Temasek group’s acquisition of majority shareholding in Olam Industries Limited, Axiall LLC’s joint venture for PVC compounds with DCM Shriram Limited. Most recently, Shweta has advised on global transactions including GSK/Novartis, Holcim/Lafarge and GE/Alstom. Shweta has also advised on the competition law aspects of other large transactions such as Bharti Airtel’s acquisition of Qualcomm’s Indian subsidiaries, PVR Cinemas’ acquisition of Cinemax, establishment of the global joint venture between Penguin and Random House and Axis Bank’s acquisition of Enam Securities, which did not require a notification to the CCI.
Ms. Shweta Shroff Chopra is a Partner in the Firm's Competition Law Practice, and has over 10 years experience in …
Evgeny Yuriev of HSF Moscow is a Russian regulatory and antitrust expert and head of antitrust group with the award winning Russian corporate practice. Evgeny has led many international clients through intricacies of Russian regulation in high-profile cases. Evgeny is a Russian qualified lawyer and holds a doctor of law degree. Evgeny studied both in Russia and abroad at the London Metropolitan University and the College of Europe.
Evgeny Yuriev of HSF Moscow is a Russian regulatory and antitrust expert and head of antitrust group with the award …
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Method of Presentation:
On-demand Webcast (CLE)
NASBA Field of Study:
Specialized Knowledge and Applications
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About Ropes & Gray LLP
Ropes & Gray LLP is a leading global law firm with offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo, and Seoul. Built on a foundation of more than 140 years of forging strong client relationships, Ropes & Gray has over 1,000 lawyers and professionals representing interests across a broad spectrum of industries in corporate law and litigation matters, as well as counseling on labor and employment issues, tax and benefits, creditors’ rights, and private client services. The firm’s clients include leading industrial companies, financial institutions, government agencies, hospitals and health care organizations, colleges and universities, as well as families and individuals.
About UHY Advisors
UHY Advisors is one of the top 20 professional services firms in the US, and UHY International is one of the largest accounting networks in the world. While that scale may provide confidence for some of our clients, most tell us our greatest value is in the way we bring these resources to bear to help address today’s evolving business challenges. It’s a philosophy we call The Next Level of Service. The firm is organized under an alternative practice structure. We provide audit and attest services through UHY LLP, a licensed independent CPA firm. UHY Advisors, Inc. and its subsidiaries provide tax and business consulting services. Even though our practice is structured differently from some other CPA firms, you will find that we provide all our services seamlessly to our clients.
About Demarest Advogados
Founded in 1948, Demarest is today one of the most reputable law firms in Brazil and is ranked among the major law firms in Latin America. Throughout its history, practicing in several areas of law, Demarest has never moved away from its calling to deliver legal services with a high standard of quality and excellence.
Demarest ensures an effective service to its over two thousand clients by permanently investing in the education and qualification of approximately 250 lawyers and 260 employees in support areas. The multidisciplinary model of performance – with a perfect integration and synergy among its professionals – also contributes to Demarest’s agility and effectiveness in the works it performs.
Clients from all over the world are assisted in national and international transactions through a structure that includes offices in the major cities of Brazil and in Nova York, US.
This is Demarest Advogados, a firm that has one word inscribed in its DNA: Commitment. Commitment to its clients and to the challenge of contributing to Brazil’s development by means of the Law.
This is what we do best!
About Shardul Amarchand Mangaldas & Co.
Shardul Amarchand Mangaldas & Co. was established in 1917. It is one of India's largest full-service law firms with over 680 lawyers including 84 Partners. The Firm has eight offices across India and is the Exclusive Member Firm of Lex Mundi for India. The Firm offers innovative and strategic legal solutions across all sectors to both domestic and international clients. It has advised on some of the country's largest financial and commercial matters. It is consistently rated as No. 1 amongst law firms in India.
Amarchand Mangaldas is the only Indian law firm rated in Band 1 in Competition Law by Chambers Asia Pacific over the past four years, and the only “Tier I” competition practice in Chambers Global 2015. With a strong and recognized competition practice in India, the competition team has a proven track record of successfully steering clients through the largest transactions, complex investigations and high-stakes litigation.
About Herbert Smith Freehills
Herbert Smith Freehills is one of the world’s leading law firms. With 2,700 lawyers in offices spanning Asia, Australia, Europe, the Middle East and the US, HSF has been advising on most important transactions, disputes and projects across all major regions of the globe. HSF has been advising on Russia and the CIS since 1992, opening the full function Moscow office in 1999.