Shanthi Kandiah stands out in the Malaysian market for her impressive understanding of competition regulation and compliance matters.
Shanthi heads up 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 and telecommunications, and gas sectors where competition issues are inextricably intertwined with sector regulation designed to promote competition. She has also recently been involved in advising on 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 issues and regulations impacting their businesses. She has covered issues such as defending clients when faced with cartel 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 telecommunications regulations, cybersecurity, data protection, securities regulations, money laundering, and bribery and corruption regulations.
Highlights of assignments she has handled include advice and representation to the following: 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 Malaysia 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); a toll concessionaire seeking to enhance the competitiveness of the electronic payments market for toll payments; a financial services player in defending a cartel allegation by the Malaysia Competition Commission; 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 anticompetition 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 Privacy, Data Protection and Cybersecurity Law Review (third, fourth and fifth editions); The Merger Control Review (eight and ninth editions); Getting The Deal Through: Merger Control (2019); and GCR Insight: Asia-Pacific Antitrust Review (2019).
She is ranked in Chambers Asia Pacific (2018 and 2019), and is on the expert panel in The Law Reviews.