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Shanthi Kandiah

Shanthi Kandiah

SK Chambers9B Jalan SetiapuspaBukit DamansaraKuala LumpurMalaysia50490

Global Leader

Competition 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Shanthi Kandiah is a distinguished name in Malaysia's competition space. She advises clients in the media, oil and gas, and automotive sectors.

Biography

Shanthi heads the competition law/antitrust practice, which covers a wide range of sectors (insurance, FMCG, construction, building materials, pharmaceutical, aviation and other service industries).

She also possesses specific sector expertise in the highly regulated media/telecoms and gas sectors, where competition issues are inextricably intertwined with sector regulation designed to promote competition. She has also recently given advice within the insurance sector, and on the interaction of sector regulation and competition law.

An ex-regulator (securities industry), her practice is uniquely focused on working with her clients when engaging with regulators over the impact of issues and regulations on their businesses. She has covered issues such as defending clients when faced with cartel and abuse of dominance allegations; merger submissions; dominance determinations; access list regulations; pricing issues and margin squeeze; competitor collaborations; responses to section 18 notices; and risk-based compliance advice. She regularly provides local counsel support to Magic Circle firms.

Shanthi has a master’s degree in law and a postgraduate diploma in competition economics, both from King’s College London. Her other practice areas cover media and telecoms regulations; cybersecurity; data protection; securities regulations; money laundering; and bribery and corruption regulations.

Her work highlights include advising and representing: an e-hailing operator in defending an abuse of dominance allegation by the Malaysian Competition Commission, carrying the largest fine against a single company to date; a toll concessionaire in connection with injunction proceedings seeking to prevent the establishment of an alternative RFID system, as co-counsel;  an insurance industry association in defending a cartel allegation by the Malaysian Competition Commission; a dominant licensee in the context of an acquisition in the multimedia sector – preparing antitrust strategy/submission to the authorities for clearance; multimedia operators in connection with multiple submissions to the Malaysian Communications and Multimedia Commission, relating to access standards and access pricing (including issues pertaining to the right pricing formulation and provisions relating to non-discrimination); parties to a joint venture/merger in the aviation services market (preparing antitrust strategy/submission to authorities); a trade association by reviewing governance structure and market arrangements promoted by sector regulator, for compliance with competition law and providing strategies for navigating jurisdictional overlap; a seller in relation to a competition audit of a target in the aviation services sector and advising on the scope of anti-competition warranties/disclosure letter; a sovereign wealth fund over compliance strategy for its portfolio companies; a MVNO/MNO collaboration addressing competition law issues of rate fixing, market sharing and applying the appropriate cost threshold (namely long-run average incremental cost) to determine wholesale pricing; a telecommunications company on the impact of a network sharing arrangement on competition in the sector; a conglomerate on a full functioning joint venture with an international direct/home shopping player; a consumer products manufacturer on pricing policies and business practices addressing issues of price discrimination, rebates, exclusive distributorships; a dominant FMCG player on defensive strategies against loss leading practices by modern trade; and an automotive dealer in connection with its arrangements with its principal on price restrictions and exclusive arrangements.

Her publications include the Malaysia chapters of The Dominance and Monopolies Review, 7th Edition; The Privacy, Data Protection and Cybersecurity Law Review (third, fourth, fifth and sixth editions); The Merger Control Review (eighth, ninth and tenth editions); The Financial Technology Review (second edition); LexologyGTDT: Merger Control (2019 and 2020); GCR Insight: Asia-Pacific Antitrust Review (2019 and 2020); and Chambers Global Practice Guide: Cartels (2019).

She is currently ranked in band one of Chambers Asia Pacific for competition/antitrust. She is also on the expert panel of The Law Review series.

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