Chumpicha Vivitasevi

Partner


Contact Details

T: +662 264 8000
F: +662 657 2222
Email:

Chumpicha Vivitasevi, Ph.D. is a partner and head of the competition and antitrust practice group. She advises on all aspects of competition and antitrust, infrastructure and energy projects in Thailand and throughout Southeast Asia, particularly financing, capital markets, mergers and acquisitions, regulatory matters, public-private partnerships (PPP), as well as dispute resolution. 

Recent Experience

Competition and Antitrust

Advised WeMedia Shopping Network Technology Co., Limited (WeMedia) in relation to all aspects of merger control in its minority investment (21.85%) of USD 25 million in Rewind Pte. Ltd. (Rewind), with an option granted to WeMedia to acquire the remaining share capital of Rewind at a later date for approximately USD 125 million, to achieve a 100% interest in Rewind. The Rewind group is a one-stop omni channel solution provider headquartered in Singapore, with its main operations in Thailand. W&I insurance was undertaken by WeMedia in connection with the acquisition and option.

 
Advised SCB Securities Co., Ltd., a subsidiary of The Siam Commercial Bank Public Company Limited, in relation to merger control law in connection with the proposed acquisition of 51% interest in Bitkub Online Co., Ltd. (Bitkub), a leading digital asset exchange in Thailand, from Bitkub Capital Group Holdings Co., Ltd. The transaction value is worth approximately THB 17.85 billion. The total market capitalization of Bitkub is THB 35 billion, marking another Thai "unicorn". The deal was signed on 2 November 2021 and is expected to be completed by the first quarter of 2022.

Advised on all merger control matters resulting in a successful pre-merger clearance (the second case accepted for consideration by the Trade Competition Commission) for a leading integrated marine transport conglomerate in the Asia-Pacific Region in its THB 346.5 million (USD 11 million) acquisition of shares in a marine transport subsidiary of Thailand’s largest refinery.

Advised on all merger control matters resulting in a successful pre-merger clearance (the first by the Energy Regulatory Commission) for Global Power Synergy Public Company Limited (GPSC) in its THB 139 billion (USD 4.1 billion) acquisition of a majority stake in Glow Energy Public Company Limited from Engie Global Developments B.V.

Advised Berli Jucker Public Company Limited in relation to competition and antitrust matters in connection with its proposed acquisition of the Tesco Lotus hypermarket chain. 

Advised Bangkok Dusit Medical Service Public Company Limited in relation to competition and antitrust matters in connection with a proposed tender offer. 

Represented Dusit Foods Co., Ltd., a subsidiary of Dusit Thani Public Company Limited, in its acquisition of an equity stake in Epicure Catering Co., Ltd., a leader in quality catering services to schools in Southeast Asia, including post-merger notification.

Led a successful defense of a leading supermarket and retail company’s business practices against an investigation by the Office of the Trade Competition Commission. 

Advised Thailand’s leading cineplex operator on regulatory issues in relation to its business practices and compliance with Thai competition law.

Advised a logistics company, pioneering integrated logistics solutions that combine technology, supply chain services and parcel delivery services in Thailand, on regulatory issues relating to its business practices and compliance with Thai competition law.

Advised the operator of major chain of convenience store businesses in Thailand on regulatory issues relating to its business practices and compliance with Thai competition law. 

Projects

Representation of the Government of Thailand, Office of the Eastern Economic Corridor in the public private partnership agreement signed by the Industrial Estate Authority and Gulf MTP LNG Terminal (a joint venture between Gulf Energy Development and PTT Tank Terminal) for the Third Phase of the Map Ta Phut Port Project valued at THB 55.4 billion (USD 1.8 billion) (Project). The Project is designed to facilitate the annual shipment of 19 million tonnes of natural gas and liquid cargo. Weerawong C&P played a major role in driving the deal, including negotiating and drafting of the concession agreement, as well as presenting key concession agreement terms to the EEC Policy Committee chaired by Prime Minister Prayut Chan-o-cha. The PPP agreement was signed on 1 October 2019.

Representation of the Government of Thailand, Office of the Eastern Economic Corridor and Thai Airways Public Company Limited in the agreement to develop the THB 10.3 billion (USD 330 million) Thai-Airbus Maintenance Repair Overhaul Centre. The first of its kind, the center will be based in the U-Tapao International Airport to serve the maintenance requirements of aircrafts.  The project will be the largest maintenance, repair overhaul center in the ASEAN region. 

Engaged by the Government of Thailand, State Enterprise Policy Office, Ministry of Finance to advise on the drafting of the new Public Private Partnership Act to replace the Private Investment in State Undertaking Act and provided seminars for officials of the relevant state agencies. The work is significant as the finalized PPP legislation will be the overarching legislation governing all PPPs in Thailand, supported by the subordinate legislation, regulations and guidelines which will provide a complete framework beginning from the preparation and instigation of PPP infrastructure projects by each government agency, to the signing and completion of a PPP project. The new law enables investment in various new infrastructure projects, such as rail, airport, port, road and digital technology. The law came into force in March 2019.

Engaged by the Department of Highways (DOH) as an advisor in relation to the THB 30 billion Rangsit - Bang Pa-in Intercity Motorway. The firm's work is focused on drafting and assisting the DOH on its various bidding and project agreements and negotiating with the related private entities on behalf of the DOH. 

Dispute Resolution

Representation of a leading mobile and telecommunications company in an arbitration matter involving a concession agreement valued at THB 17,000 billion.

Representation of a leading mobile and telecommunications company in an arbitration matter involving a concession agreement valued at THB 9,984 billion.

Representation of Total Access Communication Public Company Limited (DTAC) and its subsidiaries, dtac TriNet Co., Ltd. (TriNet) and TeleAssets Company Limited (TeleAssets), leading mobile service providers in Thailand, in relation to the lease of 2300 MHz network equipment by TeleAssets to TOT Public Company Limited (TOT), as well as the 2300 MHz network domestic roaming service by TriNet. This transaction gives DTAC the opportunity to increase revenue, enhance consumer confidence and services, as well as its competitiveness. The deal is a major breakthrough for Thailand’s digital infrastructure in order to materialize the Government of Thailand's vision of Thailand 4.0.

Representation of a leading medical supply company in domestic and international litigation and arbitration in Thailand, Singapore, Austria and Switzerland to resolve disputes in relation to a long-term international joint venture agreement. In March 2017, the litigation team worked with the M&A and finance teams to finalize the resolution of these disputes, thereby achieving the clients’ goal of gaining control of the company valued at over USD 150 million.

Representation of a subsidiary of a global petroleum exploration and production company in arbitration arising from a joint operating agreement entered into in connection with a concession in the Gulf of Thailand granted by the Ministry of Energy. The total amount of damages claimed was approximately THB 1 billion (USD 28 million). 

Representation of a multi-national real estate investment company based in Macau in relation to the enforcement of a Singapore International Arbitration Center award in Thailand. The award was valued at USD 200 million (approximately THB 7 billion) and was in relation to a contractual dispute with a group of entities forming a multi-business company in Southeast Asia. 

Representation of Fitness First, an international fitness chain and the largest privately owned health club in Thailand, in successfully obtaining compensation for systematic fraud by an employee at the top-management level.

Representation of the shareholders, directors and CEO of Cyklop Group (Germany), one of the world's largest packaging companies, in several white-collar crime and civil cases arising as a result of serious disputes between the Cyklop Group and the solely authorized director of its subsidiary in Thailand. The firm conducted strategic proceedings to maintain control of the companies, subsidiaries and directorship in Thailand.

Representation of an international automotive company as the co-plaintiff with the public prosecutor in a successful criminal lawsuit against a former employee in relation to embezzlement valued at THB 80 million (approximately USD 2.7 million). 

Representation of a major petroleum exploration and production company in litigation in relation to an international engineering, procurement and construction contract.

Representation of Total Access Communication Public Company Limited (DTAC), one of the largest telecommunications operators in Thailand, in several cases in Administrative Court. The cases involve legal issues related to telecommunications, concessions, public-private and contract law. 

Capital Markets

Representation of Bank of America Merrill Lynch and Phatra Securities Public Company Limited on the issuance and offering of USD 290.4 million 0.5 per cent exchangeable bonds due in 2019. The bonds were issued by CP Foods Holdings Limited (CPFH) and listed on the Singapore Exchange Securities Trading Limited and are exchangeable into shares of CP All Public Company Limited. They come with a sponsor undertaking from CPF.  This exchangeable bond with sponsor undertaking is the first-of-its-kind in Thailand.

Representation to MFC Asset Management Public Company Limited in establishing the Hemaraj Industrial Property and Leasehold Fund (HPF) for investing in ownership and leasehold rights to the land and factory buildings located in the Eastern Seaboard Industrial Estate of Hemaraj. The total value of the fund is THB 4.7 billion. 

Representation of Ananda Development Public Company Limited on an offering of unsecured and unsubordinated debentures, valued at up to USD 100 million (THB 3 billion), in which Bualuang Securities Public Company Limited, CIMB Thai Bank Public Company Limited acted as arrangers, and Asia Plus Securities Public Company Limited acted as co-arranger.

Representation of Kiatnakin Bank Public Company Limited in connection with the issuance and offering in Thailand of the unsecured and unsubordinated debenture no. 1/2556.

Representation of Ananda Development Public Company Limited in connection with the issuance and offering of unsecured debentures in Thailand to the public and in private placement and to domestic and international institutional investors.

Representation of Secondary Mortgage Corporation (SMC) in connection with the issuance of THB 660 million (approx. USD20 million) secured debentures under the Securitization Project.

Representation of Sansiri Public Company Limited in the offering of up to THB 1,000 million (USD 33.34 million) unsecured and unsubordinated debentures in which Krungthai Bank Public Company Limited acted as underwriter.

Representation of Charoen Pokphan Foods Public Company Limited in the offering of up to THB 6 billion (USD 200 million) unsecured and unsubordinated debentures in which The Siam Commercial Bank Public Company Limited acted as underwriter.

Education

Ph.D., Durham University
UK, 2012

LL.M., George Washington University
USA, 2003

LL.B.,(Honors)Thammasat University
2001

New York State Bar, admitted 2007

Thai Barrister-at-Law, admitted 2002

Citizenship

Thai

Languages

Thai, English

Recent Accolades

Competition-Antitrust, Asialaw Profiles, Rising Star (2022)

Top 40 Under 40 legal professionals in Asia, Asian Legal Business (2017)

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