Kala Anandarajah Competition & Antitrust - Singapore

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Rajah & Tann
9 Battery Road #25-01,
Straits Trading Building,
049910, Singapore

Tel: (65) 6232 0111
Fax: +65 6225 9630

Email: kala.anandarajah@rajahtann.com
Web: www.rajahtannasia.com

Cited as Top 100 Women in Antitrust in the World by the Global Competition Review 2013 (the only external counsel in Singapore). Chambers Asia 2014 says Kala is lauded for her ‘solid, can-do attitude and excellent client management skills… She is top-notch in competition law matters and is very good at working out a strategic solution to a legal problem.’ AsiaLaw Leading Lawyers 2014 highlights that ‘Kala is the complete package for all competition issues in ASEAN’. Kala was recently awarded the Public Service Medal (Pingat Bakti Masyarakat) which conferred by the President of Singapore for her public service to the WSHC, MOM.

Kala heads the Competition & Antitrust and Trade Practice and leads the Corporate Governance Practice. Kala has over two decades of experience. Always a forerunner in niche areas of the law, her key area of practice is Competition and Trade, areas which she has been involved in from inception. Kala has been involved in major cartel / abuse investigations, cross-border mergers / other notifications, leniency applications, and also handles dawn-raids, complaints, consultation, counselling, compliance, training and implementation of competition laws across the region. Her other areas include Corporate Governance, Employment, and Environmental (EHS) Laws, where she has formidable accolades. She advises multinational corporations as well local companies across the region on such matters. She has had many firsts in her career, handling difficult and complex matters, demystifying and simplifying issues to achieve the clients’ aim. One career highlight, amongst many, includes the win for “Behavioural Matter of the Year – Asia Pacific, Middle East & Africa” category – GCR Award 2013 for her work for Coca Cola (Singapore) Beverages Pte Ltd. Another major matter that Kala was involved in was in successfully acting for the immunity applicants, JTEKT Corporation and its Singapore subsidiary, Koyo Singapore Bearing (Pte) Ltd, in the first international cartel decision issued by the Competition Commission of Singapore (‘CCS’). The decision issued on 27 May 2014 is also the first cartel decision by the CCS involving both the foreign parent companies and their Singapore subsidiaries.

The AsiaPacific Legal 500 notes that ‘Kala Anandarajah … is a leading authority in corporate governance, compliance and competition issues …’ and is ‘responsive, helpful and commercial’. The Who’s Who of Leading Practitioners Singapore describes her as ‘very knowledgeable’, ‘highly active and very good’ and an ‘acknowledged authority in this field’. She is cited as amongst the Best of the Best – Women in Business Law 2010, 2012 and 2014 for her work in Antitrust and Competition Law and for Corporate Governance, and nominated at the end of 2011, 2012 and again for 2013 for her work in competition and antitrust for the Asia Women in Business Law Award by the Euromoney Leading Lawyers. Kala has also been cited as a leading lawyer in Competition & Antitrust and in Corporate Governance for more than a decade in international peer reviewed ranking journals such as International Who’s Who of Leading Lawyers and Euromoney Experts Guide to the World’s Leading Lawyers. Kala has also received citations for her work in Trade laws, Environmental laws and Employment and Labour laws.

Kala is very widely written, including the first books on Competition & Antitrust laws and Corporate Governance & Director Duties, with many of her books referred to as authorities. Her recent books include ASEAN Competition Law, which she is Co-General Editor of and Corporate Governance – Practice & Issues, which she is sole author of.

Primary Area Of Practice – Competition Law

Kala heads the Competition & Antitrust and Trade Law Practice which has been voted as Competition Law Firm of the Year by various international peer reviewed publications on several occasions. She has been and continues to be involved in every major cartel/dominance investigation and several merger and other voluntary notifications and leniency applications. She obtained (i) the first two successful Decisions through voluntary notification in Singapore involving Qantas Airways, (ii) the first price fixing cartel involving express buses, where the parties that she acted for had their fines reduced by between 25% and 75% by the Competition Commission, and by nearly 50% on appeal to the Competition Appeals Board, (iii) the first merger Decision which was not notified anywhere else in the world apart from Singapore, (iv) lodged and argued the first two appeals before the Competition Appeal Board. Notably, she also drafted the Singapore Airport Competition Code for the Regulator, and is now drafting the converged Telco/Media Competition Code for the Brunei Regulator. She acted in a ground breaking matter for Coca Cola (Singapore) Beverages Pte Ltd in reaching an unprecedented settlement with the Competition Commission of Singapore, resulting in the investigations being closed and a potential multi-million dollar savings in fines – this work was awarded the Behavioural Matter of the Year-Asia Pacific, Middle East & Africa Award 2013 by Global Competition review. She also worked on the long standing notification involving Visa and a number of banks in relation to multicurrency issues, where the decision was issued recently. She was also the first to apply for and obtain a leniency in the first international cartel to break in Singapore.

Described as ‘very knowledgeable’ by the Who’s Who of Leading Practitioners Singapore and as ‘responsive, helpful and commercial’ by the Asia Pacific Legal 500, Kala works clients on Competition law issues across the region working with and for local associated/partner firms, including on price-fixing, abuse of dominance, validity of joint ventures etc, reviewing agreements, defending investigations by Competition Commissions, preparing for and handling raids, preparing confidential notifications to the Competition Commission, advising on compliance programmes, and conducting training. She has worked on some of the largest investigations in the region. Her areas of expertise spreads over multiple industries such as aviation, banking, insurance and finance, healthcare, electronics, music and entertainment, manufacturing, technology, telcos, paper, medical, pharmaceuticals, construction, hospitality, advertising, books and more.

She is cited as Top 100 Women in Antitrust in the World by the Global Competition Review 2013 (the only external counsel in Singapore). Chambers Asia 2014 says Kala is lauded for her ‘solid, can-do attitude and excellent client management skills… She is top-notch in competition law matters and is very good at working out a strategic solution to a legal problem.’ AsiaLaw Leading Lawyers 2014 highlights that “Kala is the complete package for all competition issues in ASEAN’.

Secondary Areas Of Practice – Trade, Corporate, Employment & Environmental Law

On Trade Law, Kala has been involved in advising multinational corporations on trade agreements between governments, handled export and import permit applications and clearances involving strategic and various other regulated goods, advises extensively on strategic and controlled goods, advised and assisted with voluntary disclosure programmes, dealt with product recall matters, advised and drafted warehousing and other logistics agreements and more. She also advises regularly on anti-dumping matters, and further has had to advised on the TPP and other trade treaties. She is experienced in managing the advisory process in multiple stakeholder scenarios where the deliverables will have significant impact on trade. Additionally, Kala has also conducted extensive training on trade related issues across ASEAN countries for regulators to enhance trade understanding, as well as competition policies. She is perhaps the only Singapore lawyer cited as a leading Trade lawyer by international legal ranking journals.

Kala’s extensive corporate and corporate governance experience sees her acting in an advisory capacity for a number of companies. On corporate, she has been involved in various forms of contract negotiation, from large cross-border private M&A and Joint Venture transactions to localised ones in varied industries, including in relation to renal dialysis and other aspects of the healthcare industry, payment systems, telecommunications, reseller arrangements, various forms of aviation, airport, carriers related contracts, manufacturing, sale and purchase of shares or goods, joint venture agreements, alliances, franchising and distribution, logistics and warehousing contracts, employment agreements and others. Her clientele in this regard range from the large MNCs to local companies. She also regularly advises on structures, reviews agreements and provides commercial solutions to various corporate and commercial business transactions. One of her key areas is drafting and managing talent agreements for production of all forms of advertisements across Asia and further afield. She has also drafted cooperation and production agreements in this regard.

On corporate governance, Kala leads the Corporate Governance Practice she advised on the corporate governance requirements for China Aviation Oil (Singapore) Limited. She also set up the Financial Industries Disputes Resolution Centre, the umbrella body that handles disputes from the banking, insurance and securities industries, the Investor Relations Officers Association (Singapore), and the dispute resolution scheme for no injury accident claims for the General Insurance Association of Singapore. She drafted the CG Code of the Maldives and continues to advise corporations in Singapore and across the region on governance and director issues. She frequently advises on all forms of private M&A and general corporate agreements. The Who’s Who of Leading Practitioners Singapore describes her as ‘highly active and very good’ and an ‘acknowledged authority in this field’ who holds a ‘number of very high profile positions’. She has been consistently cited as a leading corporate governance lawyer over the last decade by international peer reviewed journals. The team she leads has been voted Corporate Governance Law Firm of the Year by international pee reviewed publications.

On Environmental, Health & Safety (EHS) issues, Kala has been involved in a number of advisory and due diligence projects, including in relation to the sale of the three Electricity Generation Companies in Singapore. She also advises extensively in a variety of matters involving EHS matters, from poisons to hazardous substances, from facility permits and licensing requirements to all forms of air, water, land and noise pollution issues, including advising Boards on such regulatory matters. Her experience in this area extends to advising on specific health product licensing requirements, liaising with regulators on a variety of issues, and generally assisting with structuring transactions to ensure compliance. She also regularly advises on the regulatory and licensing requirements in relation to food products. Increasingly carbon emissions and trading issues are an area that she touches on. Kala is only one of a very select few who has been repeatedly cited as a leading Environmental lawyer by international legal ranking journals.

Finally, on Employment Law, described as ‘responsive, helpful and commercial’ by the AsiaPacific Legal 500 2013, Kala advises a number of multinational corporations on a regular basis in relation to their employment concerns, including employment agreements, executive compensation benefits payable, including options of differing forms such as ESOPs and LTIPs, termination and termination benefits, non-compete, restraints, implementing and reviewing employment handbooks and manuals, employment transfer issues, whistleblowing policies and implementation and more. Her team also coordinates employment law advice across the region for clients frequently. Kala has been cited as a leading Employment & Labour lawyer by international peer review legal ranking journals.


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