Director

COMPETITION LAW
TELECOMMUNICATIONS, MEDIA AND TECHNOLOGY (TMT)

About Chong Kin

Areas of Practice

Chong Kin practises corporate and commercial law with strong emphasis in the specialist areas of competition and regulatory law and TMT law. He regularly advises on regulatory, licensing, competition and market access issues. Apart from his expertise in drafting “first-of-its-kind” competition legislation, Chong Kin also has broad experience in corporate and commercial transactions including mergers and acquisitions.

Competition and Regulatory

Chong Kin plays a key role in the development of sectoral competition regulation in Singapore, in particular, in the telecommunications, media and postal industries. Since 1999, he has routinely advised the sectoral competition regulators on liberalisation, market access, licensing, competition regulation, merger reviews and enforcement issues, including successfully defending the regulators in various Ministerial appeals.

Since 1999, Chong Kin has been re-appointed every year to assist and advise the Singapore telecoms regulator. In 2000, he was engaged by the telecoms regulator as the lead Singapore counsel to draft the country’s first competition law framework to facilitate full liberalisation of the industry (the Telecom Competition Code). He was re-appointed in 2004 to revise the Telecom Competition Code and to draft the accompanying Advisory Guidelines. This included the drafting of a merger control framework in the form of the Consolidation review guidelines. Chong Kin is presently advising the telecoms regulator on competition and regulatory issues concerning infrastructure and open access in relation to the Next Generation National Broadband Network (NGNBN) project.

With regard to the media industry, Chong Kin was appointed to draft the first Media Market Conduct Code (MMCC) 2002, which enables fair market conduct and effective competition in the provision of mass media services in Singapore. To date, Chong Kin continues to advise the media regulator on the implementation and enforcement of the MMCC.

In recognition of his competition law expertise, Chong Kin was also engaged by the postal regulator to advise on the liberalisation of the postal industry and assisted in drafting the Postal Competition Code. When the Singapore Competition Act came into force in 2006, Chong Kin was commissioned by the Competition Commission of Singapore (CCS) to lead the first ever market study, which was on the effects of price recommendations by trade and professional association on competition in Singapore. Thereafter, when the merger control regulation under the Singapore Competition Act came into force on July 2007, Chong Kin secured the first-ever successful merger clearance in Singapore – namely, for STM and Intel in respect of their US$3.6 billion proposed worldwide merger.

Since then, Chong Kin has worked on other major merger filings before the CCS, including Novartis AG’s acquisition of Alcon Inc – the largest merger transaction dealt with by the CCS in the financial year 2009/2010. Chong Kin is currently advising the acquisition of Samsung Hard Disk Drive business by Seagate. In addition, Chong Kin’s transactional experience includes most of the significant telecoms M&As including securing competition law clearance for AT&T/SBC, Sprint/Nexel, Reliance/FLAG, AsiaNetcom/C2C and Connect Holdings/Pacific Internet.

In early 2008, Chong Kin led an international consortium that was awarded a prestigious project by the ASEAN Secretariat to study and recommend competition policy and law for implementation in East Asian economies. This project saw him leading a team to conduct extensive interviews of competition authorities, policy-makers and other stakeholders in Asia. Since then, Chong Kin has regularly assisted companies with competition advisory matters and competition law compliance across different countries in ASEAN.

Subsequently, Chong Kin led a study jointly commissioned by the Singapore media, telecoms and competition regulators to examine competition issues in convergent media and telecommunications markets. This study involved assessing the state of development and competition in the Pay-TV market in Singapore, in particular the impact of exclusive carriage agreements, as well as the effects of bundling of media and telecoms services on these convergent markets. The study played an important role in the MDA's decision to effect mandatory cross carriage of exclusively acquired channels and content.

Following this decision, Chong Kin advised and assisted MDA in all aspects of its industry consultation on the cross carriage measure as well as the amendments to the MMCC. He also assisted MDA on the appeals against the cross carriage measure. Chong Kin continues to advise MDA as it implements the cross carriage measure.

In 2009 Chong Kin was again commissioned by the CCS to conduct a study into the medical services industry. The scope of the study includes amongst other things, an assessment of the state of competition in the medical services sector and the implications of fee guidelines for medical services in Singapore. Based on the findings of the study, the CCS issued its decision to reject the use of fee guidelines in the medical services sector.

In late 2009, Chong Kin was appointed to advise the Minister of Trade and Industry to determine an appeal in the energy market, which amongst other matters involves the state of competition in the energy market.

Most recently, Chong Kin was also engaged by the Changi Airport Group to advise on regulatory matters. Chong Kin also advises clients on the full spectrum of general competition law matters including reviewing potentially anticompetitive agreements and practices, as well as conducting audits on business practices and arrangements.

Additional notable competition law experience

Other notable competition law matters handled by Chong Kin include:

Competition study & advisory


• Represented and advised All Nippon Airways, Continental and United Airlines in their notification for decision to the CCS in relation to their joint venture agreement
• Advising VISA International Network on its notification of decision to the CCS in relation to the Multilateral Interchange Fees
• Advised a large international credit card company in relation to the possible competition law implications of a proposed rule changes relating to a particular card programme and its requirements
• Advised on proposed interchange fee arrangements and potential competition law implications arising from price discrimination
• Assisted a major global mobile phone company undertake a review of proposed changes to distribution arrangements in Vietnam and Malaysia
• Assisted a large multi-national electronics company to assess whether its distribution agreements are likely to infringe with competition law in Singapore, Thailand, Indonesia and Vietnam
• Undertook a review and provided advice in relation to a major airline’s previous participation in a collaborative arrangement
• Advised a major tobacco company on its obligation, under a past guidance obtained from the CCS relating to an industry arrangement, to update the CCS on market developments
• Advised a major credit card company on the potential impact of an operational change in relation to possible exposure under sections 34 and 47 of the Singapore Competition Act
• Advised an international airline on the application of section 47 to business practices including the imposition of vertical restraints on downstream retailers, and resale price maintenance

Merger clearance & advisory


• Advising Seagate in relation to its proposed acquisition of Samsung's hard disk drive business and assisting in the merger notification of the transaction to the CCS
• Successfully filed and obtained merger approval from the CCS for Wacker Chemie AG in relation to its worldwide acquisition of sole control of two joint venture companies, Wacker Polymer Systems GmbH & Co. KG and Air Products Polymers Holdings, L.P
• Advised one of the world’s largest FMCG companies on the competition law issues arising from its proposed acquisition of a consumer product company
• Advising on Singapore merger filing requirements in respect of a €5.3 billion worldwide acquisition of the business line of a leading food & beverage MNC
• Acting for acquiring parties in securing unconditional merger clearance from the Singapore telecoms regulator in respect of the takeover of Pacific Internet, a NASDAQ-listed telco and regional ISP-services giant

Audit and compliance programmes


• Assisting a global pet nutrition company in its competition law compliance, intellectual property and anti-corruption audit across the following ten jurisdictions: Singapore, Malaysia, Indonesia, Thailand, India, South Korea, Hong Kong, Taiwan, the Philippines and Guam.
• Conducted a comprehensive competition law audit for the Malaysia operations of a leading Pan Asian FMCG company, ahead of the enforcement of the Malaysian Competition Act 2010 in January 2012
• Advising one of the world’s largest airlines on the competition law issues arising from their proposed share acquisition of a Chinese airline company
• Assisting various trade associations and multinational companies on instituting competition law compliance programmes
• Lead Singapore counsel in advising and acting for a major trade association in the financial industry on competition law in relation to its worldwide restructuring exercise

Telecommunications and Technology Experience

Chong Kin’s telecommunications and technology-related experience includes the following:

• Advising the leading global internet content, search and ad-services provider on infrastructure development in Singapore (including legal issues concerning the establishment of a data centre in Singapore) and infrastructure licensing requirements relating to undersea cable capacity
• Advising leading global and local telecommunications and broadcasting operators on corporate, commercial, licensing and regulatory issues. Chong Kin successfully assisted a new entrant to obtain a Facilities-based Operator (FBO) Licence to deploy a regional sub-sea cable system
• Acting for acquiring parties in securing unconditional merger clearance from the Singapore telecoms regulator in respect of the takeover of Pacific Internet, a NASDAQ-listed telco and regional ISP-services giant
• Advising Microsoft on regulatory compliance in respect of the proposed roll-out of several novel products featuring convergence of traditional media with internet communications, including obtaining the necessary Services-Based Operator licence
• Acting as regional coordinating counsel in the rollout of a presence and branding initiative for a major online search engine. Tasks involve instructing and directing local counsel; drafting template service and distributor agreements and adapting end user software licensing agreements
• Lead Singapore counsel in advising and assisting in the review of the Dominant Licensee’s Reference Interconnection Offer
• Advising IDA on regulatory and competition issues related to tender for the NGNBN. Chong Kin’s participation involved advising on the conceptualisation and evaluation of competition and regulatory issues to ensure an effective open access infrastructure framework, and assisting with the reviewing and drafting of conditions of the tender documents and guidance to potential bidders, as well as advising on the licensing framework and the appropriate corporate structures to be adopted by the selected NGNBN NetCo and OpCo
• Advised IDA in instituting and developing the Singapore Internet Exchange (SGIX). The project involved advising IDA on issues relating to unfair competition and neutrality, the development of an appropriate corporate governance structure, drafting of the relevant incorporation documents as well as the necessary contractual agreements, standard operating procedures for SGIX’s operations
• Presently providing consulting services for the establishment of a National Authentication Framework (NAF) for Singapore. The Government initiative seeks to develop a trusted platform to provide strong authentication services for all key online services (including e-Government services, online banking and finance, and personal medical records)
• Lead Singapore counsel in drafting the licensing, regulatory and auction framework for the allocation of radio frequency spectrums for WBA radio-communications
• Lead Singapore counsel in advising on the liberalisation of the Postal industry in Singapore including drafting of the Postal Competition Code
• Assisted IDA in reviewing and further developing an auction framework (including the relevant auction rules, information memorandums and clarifications) for the purposes of auctioning spectrum rights for public cellular mobile telecommunications services
• Advised IDA on issues of regulatory jurisdiction over the use and inter-operability of Near Field Communication (NFC) devices and other modes of e-payments in Singapore

Media and Entertainment Experience

Chong Kin’s experience in media and entertainment-related matters includes:

• Chong Kin led the consortium of consultants that was commissioned by the Singapore media, telecoms and competition regulators to examine competition issues in convergent media and telecommunications markets. This project, inter alia, involved assessment of the state of development and competition in the pay TV market in Singapore, in particular the impact of exclusive carriage agreements, as well as the effects of bundling of media and telecoms services on these convergent markets
• Assisted a leading gaming company on securing regulatory approval for the launch of a video-game containing potentially-objectionable gameplay and graphics. Tasks included meeting with the regulator and advocating clients’ position in light of Singapore laws
• Regulatory advice relating to a webstore and apps platform for a major mobile device manufacturer and an online movie distributor
• Appointed by the media regulator to advise on and draft the Media Market Conduct Code to regulate the media and print industry in Singapore
• Advised a global financial institution on Singapore legal and compliance issues in relation to financial services provided to an online gambling/betting website
• Acted for leading media content providers (including an international sports broadcast network) in media and entertainment-related agreements, including broadcast licence agreements; drafting and negotiating regional broadcast rights for sporting events (including le Tour de France); Host Venue Agreements; acquisition of licensing rights of a famous musician’s characteristics for use in an international sporting event; mobile content service agreements; manufacturing and content licence agreements
• Advising the largest worldwide broadcasting corporation (in terms of audience numbers) and the leading music-television channel on its regulatory and licensing affairs in Singapore.

Corporate and Commercial Experience

Some of the notable corporate transactions which Chong Kin has handled include: •

• Acting as the Asia-Pacific co-coordinating counsel for SABIC in a US$11.6 billion worldwide acquisition of the plastics business of GE. Apart from instructing local counsels across Hong Kong, Korea, Australia, Malaysia, Thailand and India, Chong Kin advises on all aspects of the deal, including cross-jurisdictional acquisition of related companies, incorporation and restructuring
• Lead Singapore counsel in advising and acting for a major association in the financial industry in a worldwide restructuring exercise
• Acting in many significant telecommunication mergers and acquisitions in Singapore including AT&T/SBC, Sprint/Nextel, Reliance/FLAG, AsiaNetcom/C2C and Connect Holdings/Pacific Internet
• Advising several MNCs on establishment of presence in Singapore and the accompanying licensing, regulatory and compliance obligations
• Advising leading MNCs on all aspects of corporate, employment, commercial, licensing and regulatory issues