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Chumpicha Vivitasevi,
Ph.D. is a partner in the competition and antitrust practice group. She focuses her practice on
complex issues relating to all key areas of competition law, including abuse of dominance, unfair
trade practices and merger control. She advises international and domestic clients across a number
of industries, including consumer products, retail, telecommunications, logistics, marine transport
and digital platforms. In addition to her expertise in competition law, Chumpicha has experience in
mergers and acquisitions, infrastructure projects, public-private partnerships, capital markets, and
dispute resolution. Chumpicha is also a guest lecturer on competition law at Chulalongkorn
University and has advised on changes to competition law legislation in Thailand. Recent Experience Competition and Antitrust Merger Control Prepared the post-merger notification for a global
leader in automotive technology in connection with the acquisition of more than 50% of voting
rights in a company active in the development and manufacturing of automotive
parts.
Prepared the post-merger notification for a leading service provider in the specialty chemicals and food ingredients
industry in connection with the acquisition of 51% of voting rights in a company active in
the distribution of specialty chemicals.
Prepared the
post-merger notification for a global leader in the shipping and
logistics industry in connection with the acquisition of a company specializing in project
logistics.
Prepared two post-merger notifications for a leader in
the out-of-home media industry in connection with two acquisitions of assets (billboards) and
shares in companies active in the out-of-home media sector.
Prepared the post-merger notification for a leading
property and casualty insurance company in connection with a merger in the insurance industry
covering personal accident, supplemental health, and life insurance businesses in the Asia-Pacific
region.
Prepared the post-merger notification for a subsidiary of the world’s largest oil company in connection with
the acquisition of a global products business.
Advised an airport terminal services company on all aspects of competition
law, including preparation of the economist report, resulting in a successful pre-merger clearance
for its acquisition of a global cargo handler.
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. Anticompetitive
Conduct Advised and assisted a
vehicle auction house in the defense of an investigation
into unfair trade practice. Assisted a low-cost airline operator in the
defense of an investigation into pricing practices for domestic routes in
Thailand. Advised a
leading luxury automotive company with respect to
competition law compliance on the opening of an online platform and potential competition concerns
with respect to contemplated arrangements for distribution. Advised a group of major
airlines on prohibited agreements, clearance regimes, and potential competition law risks in
relation to the expansion of joint business arrangements between the airlines. Advised a group
of major airlines on competition risks relating to a cooperation agreement among various
operators in the air transport industry. Advised a major retail group in relation to
merger restrictions imposed by the Trade Competition Commission, and conducted sessions on
competition law and good practices for the company’s personnel. 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 a group
of leading airlines in relation to pricing practices under investigation by the
authority. Advised a major supermarket operator in Thailand in claiming its trade
partner, a company under Central Group, a leader in the retail, property development, hospitality,
and food and beverage sectors, is engaged in anti-competitive conduct and abuse of
dominance. Advised a super app operator in relation to several investigations by
authorities concerning conduct reported by riders using its application, including issues relating
to price-discrimination, exclusive dealing, and other conduct which may be considered unfair trade
practice. Advised the leading marketplace platform operator in the successful defense
of investigations into its marketing campaigns, i.e., the rounding of fees, and conduct of
unfair/unjust discrimination in connection with taking down a hemp infused product from its
marketplace platform. Represented the operators with dealership
agreements to sell certain vehicles in an investigation into unfair trade practices by a
major automobile manufacturing company against its local distributors. Led the successful defense of a leading supermarket
and retail company’s business practices in relation to an investigation by the Office of the
Trade Competition Commission. Compliance Assisted a global energy management company with
the localization of compliance manuals relating to competition law, covering dealings with
competitors and trade partners, dawn raids, etc., and advised on its whistleblower
regime. 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. Publications ‘Thailand’, Chambers Global Practice Guides – Corporate M&A,
Chambers and Partners, 2022-2024 ‘Thailand’, Getting the Deal Through – Merger Control, Lexology,
2023 ‘Q&A: merger notification and clearance in Thailand’, Lexology, 2023 “Thailand”, Merger Thresholds Monitor, Kluwer Competition Law, Wolters
Kluwer International Group and Granville Knowledge Management, 2021-2022 “Thailand merger control”, LexisPSL, LexisNexis, 2021 “Thailand - Law and Practice”, Corporate M&A Global
Practice Guide, Chambers & Partners, 2023
Competition Law Newsletter, Weerawong, Chinnavat & Partners,
2020-2023
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