Gun Jumping in Merger Control: filings and limits of pre-closing conduct in M&A

Alastair Mordaunt

Alastair is the co-head of the Freshfields Asia competition practice based in Hong Kong. He also co-heads the firm’s foreign investment skills group.

He has more than 20 years of regulator and private practice experience, acting on both antitrust investigations and merger reviews. This includes four years at the UK’s Office of Fair Trading, originally as director of its mergers group and then director of a dedicated competition enforcement team.

Alastair’s practice covers competition-related work across Hong Kong, mainland China and the rest of the Asia-Pacific region. He has particular experience in cross-border merger control and foreign investment reviews.

Catriona Hatton

Catriona Hatton is the partner in charge of Baker Botts’ Brussels office and co-chair of the firm’s global antitrust practice. With more than 25 years of experience practicing EU law in Brussels, Catriona advises on EU and national law aspects of international mergers and has represented clients in some of the largest most complex deals in the market. She has also represented clients in antitrust complaints to, and investigations by, the European Commission and numerous national competition authorities. She is recommended in Chambers Global and Europe and has been named by Who’s Who Legal as a Global Elite Thought Leader in Competition. Catriona is an Officer of the International Bar Association’s Antitrust Section and is co-editor of “Gun-Jumping in Merger Control” published in 2019 by Concurrences.

Andrea Hamilton

Andrea Hamilton draws on deep experience from both sides of the Atlantic, advising clients on some of their most strategic competition matters. She has been recognized for her subject matter experience and her ability to work closely and efficiently with clients to develop winning strategies. Andrea focuses her practice on EU and international merger control investigations as well as non-merger conduct investigations and antitrust litigation. She regularly represents clients before the European Commission and national competition authorities and coordinates global investigations.

Michael Han

Michael has more than 15 years of experience in advising clients on all aspects of Chinese competition law, covering a broad range of industry sectors, including chemicals, consumer products and retail, container shipping, energy and natural resources, financial institutions, healthcare, hightech, infrastructure and transport, private equity and telecoms. Prior to joining the firm, Michael was based in China as a partner of a leading international law firm, heading its antitrust practice in the Greater China region. Michael has also worked as an official with MOFTEC (now the Ministry of Commerce, or MOFCOM). Michael offers clients advice drawn from his rich experience as both a regulator in China and as a practitioner.

Cecil Saehoon Chung

Mr. Cecil Saehoon Chung is a foreign attorney admitted in California (1988) and Washington, D.C. (1991). Prior to joining Yulchon in 2012, Mr. Chung spent well over twenty years practicing antitrust law in Washington, D.C., first as a staff litigation attorney at the U.S. Federal Trade Commission and then as an antitrust partner at two global law firms (Pillsbury Winthrop as well as Greenberg Traurig). Mr. Chung continues to practice antitrust, consumer protection and trade regulation, with a particular focus on international issues. Mr. Chung is extremely active and well known in the international antitrust community through his extensive bar association and international organization activities, speeches at overseas antitrust conferences and article submissions. He has held leadership positions at these international organizations relating to antitrust and competition, including Vice-Chair of the ICC Competition Commission, Advisor to Business at OECD (BIAC) Commission on Competition, Vice-Chair of the ABA Antitrust Section’s International Committee, Vice-Chair of the ABA International Section’s International Antitrust Committee, Member of the Working Group of the IBA Antitrust Committee, and Member of GCR Editorial Board.

Anisha Chand

Anisha Chand is a Partner in the Competition and Antitrust Practice Group in the Mumbai office. She has been involved in advising domestic and multi-national companies on full spectrum of competition matters, including cartel enforcement, abuse of dominance, merger control, leniency and competition audit / compliance in diverse sectors including pharmaceutical, cement, e-commerce, radio taxis, sports, telecom, automobiles, media and entertainment, financial services, agro-chemicals, etc.