Heart Of The Matter - A Podcast On Legal Developments From Around The World

Norton Rose Fulbright lawyers Marc Waha and Nicolas Cassauba joined us in this episode to discuss the process and challenges when seeking clearnace from competition authorities on M&A deals. We took a walk through a typical clearance process, discussed the logistical and practical aspects of preparing the materials and nuances across Asia, talked about how best to interact with the competition authorities and looked into how much control do parties have over the timetable and the process.

To finds out more about M&A and competition law in Asia, please visit https://www.nortonrosefulbright.com/en/services/24ba38a6/antitrust-and-competition

Marc is a partner and heads the Norton Rose Fulbright Asia Antitrust and Competition Team.

Based in our Hong Kong and Tokyo, Marc advises international companies on antitrust regimes in East Asia, and Asian companies on global competition compliance issues, multi-jurisdictional merger filings and international cartel investigations, particularly in Europe and Asia. For more than 20 years he has represented clients active in a wide variety of industrial and services sectors, with a focus on advising Asian companies on global antitrust and competition law matters.

Over the years, Marc has been ranked as a leading lawyer, and the Competition Team as a top tier competition practice, in several guides including Chambers & Partners (where Marc featured in the Global Guide for his "high reputation for his merger control clearance work" as well as in the Asia-Pacific Guide, where he has been ranked #1 for competition law in China for several years), Euromoney's Guide to leading lawyers, the Guide to the World's Leading Competition and Antitrust Lawyers, PLC's Which Lawyer?, Asialaw's Leading Lawyers, and The International Who's Who of Competition Lawyers & Economists.

Nicolas Cassauba, Senior Associate (Asia Antitrust and Competition)

Nicolas is a senior associate in the antitrust and competition practice. Based in Hong Kong, his practice covers a broad range of competition law matters, including M&A transactions, regulatory investigations and legal compliance.

Nicolas advises on antitrust regimes in Asia, global competition compliance issues, multijurisdictional merger filings, international cartel investigations, and other antitrust matters. He has extensive experience in relation to merger control and has guided parties to complex transactions through merger approval procedures in Asia as well as before the European Commission and other competition authorities around the globe. Nicolas frequently advises on abusive behaviour and cartel investigations in a multijurisdictional context. He has also assisted companies in the context of dawn raids conducted by the European Commission and other national competition authorities.

In Hong Kong, Nicolas has assisted companies in relation to a wide range of compliance issues and investigations, based on his international experience. He also gained significant experience in setting up and deploying compliance programs and trainings for diverse industry groups.

Nicolas is experienced across a number of industry sectors, including air transport, telecommunications, energy, construction, hospitality, insurance, shipping, fast moving consumer goods, life sciences and chemicals.

Norton Rose Fulbright lawyers Marc Waha and Nicolas Cassauba joined us in this episode to discuss the transactional planning process in M&A deals. We discussed why competition lawyers are often involved early on, at the time term sheets are discussed, competition merger clearance and the impact will be on the transaction timetable, merger control requirements in the transaction documentation, conditions precedent unique to Asia jurisdictions and market practice on whether to retain separate counsel or to have one external counsel acting for both parties.

To finds out more about M&A and competition law in Asia, please visit https://www.nortonrosefulbright.com/en/services/24ba38a6/antitrust-and-competition

Marc is a partner and heads the Norton Rose Fulbright Asia Antitrust and Competition Team.

Based in our Hong Kong and Tokyo, Marc advises international companies on antitrust regimes in East Asia, and Asian companies on global competition compliance issues, multi-jurisdictional merger filings and international cartel investigations, particularly in Europe and Asia. For more than 20 years he has represented clients active in a wide variety of industrial and services sectors, with a focus on advising Asian companies on global antitrust and competition law matters.

Over the years, Marc has been ranked as a leading lawyer, and the Competition Team as a top tier competition practice, in several guides including Chambers & Partners (where Marc featured in the Global Guide for his "high reputation for his merger control clearance work" as well as in the Asia-Pacific Guide, where he has been ranked #1 for competition law in China for several years), Euromoney's Guide to leading lawyers, the Guide to the World's Leading Competition and Antitrust Lawyers, PLC's Which Lawyer?, Asialaw's Leading Lawyers, and The International Who's Who of Competition Lawyers & Economists.

Nicolas Cassauba, Senior Associate (Asia Antitrust and Competition)

Nicolas is a senior associate in the antitrust and competition practice. Based in Hong Kong, his practice covers a broad range of competition law matters, including M&A transactions, regulatory investigations and legal compliance.

Nicolas advises on antitrust regimes in Asia, global competition compliance issues, multijurisdictional merger filings, international cartel investigations, and other antitrust matters. He has extensive experience in relation to merger control and has guided parties to complex transactions through merger approval procedures in Asia as well as before the European Commission and other competition authorities around the globe. Nicolas frequently advises on abusive behaviour and cartel investigations in a multijurisdictional context. He has also assisted companies in the context of dawn raids conducted by the European Commission and other national competition authorities.

In Hong Kong, Nicolas has assisted companies in relation to a wide range of compliance issues and investigations, based on his international experience. He also gained significant experience in setting up and deploying compliance programs and trainings for diverse industry groups.

Nicolas is experienced across a number of industry sectors, including air transport, telecommunications, energy, construction, hospitality, insurance, shipping, fast moving consumer goods, life sciences and chemicals.

Dr Joseph Chun of Singapore Law Firm Shook Lin & Bok joined us in this episode and at what lies ahead. We looked at the longevity of ESG and discussed problems with greenwashing and the role technology plays in the future of ESG.

For information about ESG in Singapore, please visit https://www.shooklin.com/en/our-partners/practice-areas/environmental-social-and-governance

Dr Joseph Chun is a partner in the Environmental, Social and Governance practice. He is concurrently an adjunct associate professor and a member of the Asia-Pacific Centre for Environmental Law (APCEL) at the Faculty of Law in the National University of Singapore (NUS), where he teaches environmental law.

He has written widely on the subject, including a co-authored textbook on Singapore Environmental Law (publication in 2019). He also regularly works with green civil society groups on advocacy projects, and serves on the Animal Welfare and Ethics Committee of Wildlife Reserves Singapore. Prior to re-joining the Firm, Joseph worked as an in-house counsel in Singapore Airlines, an assistant professor and a senior research fellow at NUS, and a partner in the corporate real estate practice at the Firm.

Dr Joseph Chun of Singapore Law Firm Shook Lin & Bok joined us in this episode for a conversation about investing in ESG. We looked at the pros and cons for investors to consider ESG investing, factors that investors should consider when investing in ESG, how companies with strong ESG credentials can succeed and if ESG will be with us on the long run.

For information about ESG in Singapore, please visit https://www.shooklin.com/en/our-partners/practice-areas/environmental-social-and-governance

Dr Joseph Chun is a partner in the Environmental, Social and Governance practice. He is concurrently an adjunct associate professor and a member of the Asia-Pacific Centre for Environmental Law (APCEL) at the Faculty of Law in the National University of Singapore (NUS), where he teaches environmental law.

He has written widely on the subject, including a co-authored textbook on Singapore Environmental Law (publication in 2019). He also regularly works with green civil society groups on advocacy projects, and serves on the Animal Welfare and Ethics Committee of Wildlife Reserves Singapore. Prior to re-joining the Firm, Joseph worked as an in-house counsel in Singapore Airlines, an assistant professor and a senior research fellow at NUS, and a partner in the corporate real estate practice at the Firm.

Dr Joseph Chun of Singapore Law Firm Shook Lin & Bok joined us in this episode for a conversation about businesses and ESG. Our conversation covered everything from the catalyst for the flood of funds, investors, and corporates making ESG investments, ESG regulations in Singapore, major risks for fund managers launching ESG funds and the lawyer's role in their clients in their ESG journey,.

For information about ESG in Singapore, please visit https://www.shooklin.com/en/our-partners/practice-areas/environmental-social-and-governance

Dr Joseph Chun is a partner in the Environmental, Social and Governance practice. He is concurrently an adjunct associate professor and a member of the Asia-Pacific Centre for Environmental Law (APCEL) at the Faculty of Law in the National University of Singapore (NUS), where he teaches environmental law.

He has written widely on the subject, including a co-authored textbook on Singapore Environmental Law (publication in 2019). He also regularly works with green civil society groups on advocacy projects, and serves on the Animal Welfare and Ethics Committee of Wildlife Reserves Singapore. Prior to re-joining the Firm, Joseph worked as an in-house counsel in Singapore Airlines, an assistant professor and a senior research fellow at NUS, and a partner in the corporate real estate practice at the Firm.

Dr Joseph Chun of Singapore Law Firm Shook Lin & Bok joined us in this episode for a conversation about ESG in Singapore. Dr Chun shared with us his views on how ESG will impact businesses in Singapore, and why ESG issues are important for everyone.

For information about ESG in Singapore, please visit https://www.shooklin.com/en/our-partners/practice-areas/environmental-social-and-governance

Dr Joseph Chun is a partner in the Environmental, Social and Governance practice. He is concurrently an adjunct associate professor and a member of the Asia-Pacific Centre for Environmental Law (APCEL) at the Faculty of Law in the National University of Singapore (NUS), where he teaches environmental law.

He has written widely on the subject, including a co-authored textbook on Singapore Environmental Law (publication in 2019). He also regularly works with green civil society groups on advocacy projects, and serves on the Animal Welfare and Ethics Committee of Wildlife Reserves Singapore. Prior to re-joining the Firm, Joseph worked as an in-house counsel in Singapore Airlines, an assistant professor and a senior research fellow at NUS, and a partner in the corporate real estate practice at the Firm.

Eddy Lee and Jerome McDonagh of MDD Forensic Accountants joined us in this episode to discuss what the future holds for shareholder disputes. We discussed why the disputes will continue to grow in Asia and what are some of the actions a company can take to reduce the number of shareholder disputes.

Visit www.mdd.com to find out more about shareholder disputes.

Jerome is Director of MDD Forensic Accountants Litigation Support Services in Hong Kong. He has over 10 years of experience and focuses on matters related to business valuations, commercial disputes, damages quantification and fraud & investigations. He has extensive experience in litigation support and has acted as an expert witness in Hong Kong and UK court proceedings.

In business valuations, Jerome has advised clients and acted as an expert witness in a variety of assignments including shareholder disputes, divorce proceedings, and valuations of start-ups and mature businesses. The assignments relate to parties from various jurisdictions including Hong Kong, Singapore, PRC, Korea, Cayman Islands and United Kingdom. Jerome is a chartered accountant, certified valuation analyst, certified fraud examiner and a member of the academy of experts

Eddy is a Regional Managing Director and Head of Disputes and Litigation Asia.

He specialises in the areas of business valuation, economic loss quantification, cost verification, minority shareholder disputes and solving complex accounting issues.

Eddy provides expert financial advice in cases of litigation and international arbitration. He has been appointed both as a valuation and an accounting expert on numerous occasions and has given oral testimony.

Eddy is a Fellow of The Institute of Chartered Accountants in England and Wales who, during his 17‑year career, has led, managed or consulted on a diverse array of issues including identification and quantification of lost profits, the valuation of businesses and financial assets including shareholdings, intellectual property, and of wasted costs.

Eddy has also advised clients on regulatory matters, market assessments, and brand valuations and is regularly invited to speak at conferences and deliver training on a variety of economic damage quantification and other financial topics around the region.

Eddy Lee and Jerome McDonagh of MDD Forensic Accountants joined us in this episode to discuss minority shareholders in relation to shareholder disputes. Our conversation covered the legal protection for minority shareholders and how can minority shareholders benefit from a dispute.


Visit www.mdd.com to find out more about shareholder disputes.

Jerome is Director of MDD Forensic Accountants Litigation Support Services in Hong Kong. He has over 10 years of experience and focuses on matters related to business valuations, commercial disputes, damages quantification and fraud & investigations. He has extensive experience in litigation support and has acted as an expert witness in Hong Kong and UK court proceedings.

In business valuations, Jerome has advised clients and acted as an expert witness in a variety of assignments including shareholder disputes, divorce proceedings, and valuations of start-ups and mature businesses. The assignments relate to parties from various jurisdictions including Hong Kong, Singapore, PRC, Korea, Cayman Islands and United Kingdom. Jerome is a chartered accountant, certified valuation analyst, certified fraud examiner and a member of the academy of experts

Eddy is a Regional Managing Director and Head of Disputes and Litigation Asia.

He specialises in the areas of business valuation, economic loss quantification, cost verification, minority shareholder disputes and solving complex accounting issues.

Eddy provides expert financial advice in cases of litigation and international arbitration. He has been appointed both as a valuation and an accounting expert on numerous occasions and has given oral testimony.

Eddy is a Fellow of The Institute of Chartered Accountants in England and Wales who, during his 17‑year career, has led, managed or consulted on a diverse array of issues including identification and quantification of lost profits, the valuation of businesses and financial assets including shareholdings, intellectual property, and of wasted costs.

Eddy has also advised clients on regulatory matters, market assessments, and brand valuations and is regularly invited to speak at conferences and deliver training on a variety of economic damage quantification and other financial topics around the region.

Eddy Lee and Jerome McDonagh of MDD Forensic Accountants joined us in this episode to discuss what actions should parties take at the onset of a shareholder dispute and effective strategies for quick resolution.

We also discussed the potnetial consequences if a shareholder dispute is not resolved quickly and amicably.

Visit www.mdd.com to find out more about shareholder disputes.

Jerome is Director of MDD Forensic Accountants Litigation Support Services in Hong Kong. He has over 10 years of experience and focuses on matters related to business valuations, commercial disputes, damages quantification and fraud & investigations. He has extensive experience in litigation support and has acted as an expert witness in Hong Kong and UK court proceedings.

In business valuations, Jerome has advised clients and acted as an expert witness in a variety of assignments including shareholder disputes, divorce proceedings, and valuations of start-ups and mature businesses. The assignments relate to parties from various jurisdictions including Hong Kong, Singapore, PRC, Korea, Cayman Islands and United Kingdom. Jerome is a chartered accountant, certified valuation analyst, certified fraud examiner and a member of the academy of experts

Eddy is a Regional Managing Director and Head of Disputes and Litigation Asia.

He specialises in the areas of business valuation, economic loss quantification, cost verification, minority shareholder disputes and solving complex accounting issues.

Eddy provides expert financial advice in cases of litigation and international arbitration. He has been appointed both as a valuation and an accounting expert on numerous occasions and has given oral testimony.

Eddy is a Fellow of The Institute of Chartered Accountants in England and Wales who, during his 17‑year career, has led, managed or consulted on a diverse array of issues including identification and quantification of lost profits, the valuation of businesses and financial assets including shareholdings, intellectual property, and of wasted costs.

Eddy has also advised clients on regulatory matters, market assessments, and brand valuations and is regularly invited to speak at conferences and deliver training on a variety of economic damage quantification and other financial topics around the region.

Eddy Lee and Jerome McDonagh of MDD Forensic Accountants joined us in this episode to discuss the trends and recent high-profile cases in the world of shareholder disputes.

Visit www.mdd.com to find out more about shareholder disputes.

Jerome is Director of MDD Forensic Accountants Litigation Support Services in Hong Kong. He has over 10 years of experience and focuses on matters related to business valuations, commercial disputes, damages quantification and fraud & investigations. He has extensive experience in litigation support and has acted as an expert witness in Hong Kong and UK court proceedings.

In business valuations, Jerome has advised clients and acted as an expert witness in a variety of assignments including shareholder disputes, divorce proceedings, and valuations of start-ups and mature businesses. The assignments relate to parties from various jurisdictions including Hong Kong, Singapore, PRC, Korea, Cayman Islands and United Kingdom. Jerome is a chartered accountant, certified valuation analyst, certified fraud examiner and a member of the academy of experts

Eddy is a Regional Managing Director and Head of Disputes and Litigation Asia.

He specialises in the areas of business valuation, economic loss quantification, cost verification, minority shareholder disputes and solving complex accounting issues.

Eddy provides expert financial advice in cases of litigation and international arbitration. He has been appointed both as a valuation and an accounting expert on numerous occasions and has given oral testimony.

Eddy is a Fellow of The Institute of Chartered Accountants in England and Wales who, during his 17‑year career, has led, managed or consulted on a diverse array of issues including identification and quantification of lost profits, the valuation of businesses and financial assets including shareholdings, intellectual property, and of wasted costs.

Eddy has also advised clients on regulatory matters, market assessments, and brand valuations and is regularly invited to speak at conferences and deliver training on a variety of economic damage quantification and other financial topics around the region.