Pornphan Uasunthonphanit

Associate


Contact Details

T: + 66 2 264 8000
F: + 66 2 657 2222
Email:

Ms. Pornphan Uasunthonphanit is an associate in the competition and antitrust practice group. She assists clients in various industries with merger control assessment and filings. Her experience includes filing claims before the Trade Competition Commission against unfair trade practices and abuse of dominance, advising on compliance, and preparing competition law / antitrust guidelines. Pornphan also has experience in capital markets and dispute resolution in a variety of industries.

Competition and Antitrust

Merger Control

Prepared the post-merger notification for a global leader in automotive technology in connection with the acquisition of more than 50% of voting rights in a company active in the development and manufacturing of automotive parts.

Prepared the post-merger notification for a leading service provider in the specialty chemicals and food ingredients industry in connection with the acquisition of 51% of voting rights in a company active in the distribution of specialty chemicals.

Prepared two post-merger notifications for a leader in the out-of-home media industry in connection with two acquisitions of assets (billboards) and shares in companies active in the out-of-home media sector.

Advised on all merger control matters resulting in a successful pre-merger clearance (the second ever case accepted for consideration by the Trade Competition Commission) for a leading integrated marine transport conglomerate in the Asia-Pacific Region in its THB 346.5 million (USD 11 million) acquisition of shares in a marine transport subsidiary of Thailand’s largest refinery.

Anticompetitive Conduct

Advised a group of major airlines on prohibited agreements, clearance regimes, and potential competition law risks in relation to the expansion of joint business arrangements between the airlines.

Advised a major retail group in relation to merger restrictions imposed by the Trade Competition Commission and conducted sessions on competition law and good practices for the company’s personnel.

Advised a leading supermarket operator in claiming its trade partner, a company under Central Group, a leader in the retail, property development, hospitality, and food and beverage sectors, is engaged in anti-competitive conduct and abuse of dominance.

Advised a super app operator in relation to several investigations by authorities concerning conduct reported by riders using its application, including issues relating to price-discrimination, exclusive dealing, and others which may be considered unfair trade practices.

Advised the leading marketplace platform operator in successful defenses re: investigations into its marketing campaigns, i.e., the rounding of fees, and conduct of unfair/unjust discrimination in connection with taking down a hemp infused product from its marketplace platform. 

Advised Thailand’s leading cineplex operator on regulatory issues in relation to its business practices and compliance with Thai competition law.

Compliance 

Assisted a global energy management company with the localization of compliance manuals relating to competition law, covering dealings with competitors and trade partners, dawn raids, etc. and advised on its whistleblower regime.


 

Litigation and Dispute Resolution

Assisting PTT Public Company Limited, the largest corporation in Thailand, in litigation regarding engineering, procurement and construction contracts in relation to a pipeline project valued at more than THB 8.5 billion.

Representation of Mitsui Sumitomo Insurance Company Limited (Thailand), part of the largest insurance group in Japan and worldwide, in successfully defending a THB 2.154 billion complex litigation claim (approximately USD 69 million) made by a major multinational automobile company, the plaintiff. The court of first instance dismissed all of the plaintiff’s claims. This case also set the precedent that an insurance claim in relation to business operations is a civil case, rather than a consumer case, thereby shifting the burden of proof to the plaintiff and barring claims for punitive damages.

Representation of a media and entertainment company in defending claims in arbitration proceedings conducted under the Swiss Chambers’ Arbitration Institution. The dispute arose out of agreements on the rights to broadcast regional and international football matches and the guarantee provided thereunder. (2019-2020)

Representation of an Indonesian entrepreneur in several civil and criminal disputes with the co-owner of a technology and cloud computing business in Thailand. The case involved control of the company, as well as cross-border embezzlement of funds and misappropriation of investments procured through many successive years of fraud. The amount in dispute was USD 25 million. (2019)

Education

LL.B. (1st Class Honors), King Bhumibol Scholarship, Thammasat University, 2018

Citizenship

Thai

Languages

Thai, English

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