Tan Shi Wen Partner

Contact
T +603 2081 3999 ext 864
E tan.shi.wen@skrine.com
 

Overview

Shi Wen is part of the Competition practice and has in-depth knowledge and experience in this area.
 
She has represented various companies and industry groups at the Malaysian Competition Commission (MyCC) in block exemptions applications, cartel and abuse of dominance investigations and leniency applications. She also conducted competition law audit for companies and trade associations in various industries and assisted clients in reviewing, structuring and adapting clients’ global competition policies, drafting and establishing internal competition law policies, compliance procedures and “dawn raid” protocols for purposes of compliance with the Malaysian competition law. Shi Wen has published competition law related articles and has spoken at conferences in Malaysia. She had also conducted annual competition/anti-trust laws trainings for various companies and trade associations.
 
She is also part of the Maritime and Shipping practice advising on financing issues. Her broader corporate practice includes corporate advisory and mergers & acquisitions.
 

Key Practice Areas

  • Competition
  • Maritime and Shipping Advisory
  • Corporate Advisory and Transactions
 

  • Engaged by the Suruhanjaya Tenaga for the preparation and drafting of Competition Guidelines to be issued to govern competition within the domestic gas supply industry in anticipation of the gas market liberalisation by the Malaysian Government.
  • Assisted the international liner shipping owner and operators in making an application and its renewal to the Malaysian Competition Commission (“MyCC”) for a block exemption. Note: This is the only block exemption order ever granted by the MyCC under the Malaysian Competition Act 2010 to date.
  • Assisted ANA in making an application to the Malaysian Aviation Commission for an individual exemption under the Malaysian Aviation Commission Act 2015. Note: This application is the only exemption order ever granted by the MavCom under the MavCom Act to date.
  • Assisted a Swiss company and a financial institution in drafting, compiling documents and/or information and submitting to the MyCC for a leniency application under the Competition Act 2010.
  • Assisted various companies and industry groups including a Malaysian airport operator, a container depot operator, two pharmaceutical companies and four general insurance companies in cartel and abuse of dominance investigations by the MyCC.
  • Conducted legal audit for companies and trade associations in relation to the Malaysian competition law and assisted in ascertaining company's degree of compliance and recommend areas and action to be taken.

  • Advised, negotiated and drafted legal documentations for several banks including Maybank, HSBC Amanah, HSBC Bank, DBS Bank and AmBank on ship financing and asset-based financing and mortgage registration of vessels.

  • Advised CBRE Group in its acquisition of shares in Malaysia’s leading real estate services provider, C H Williams Talhar & Wong Sdn Bhd, WTW Real Estate Sdn Bhd and WTW Property Services Sdn Bhd.
  • Advised an international company specialising in auctions and valuations in connection with its proposed joint-venture with a local company with a view of cooperation within the vehicle auction industry in Malaysia.
  • Advised Ekuinas National Berhad in its acquisition of a strategic stake in the sportswear retailer Al-Ikhsan Sports Sdn Bhd.
  • Advised KJ Technical Services Sdn. Bhd. in its proposed acquisition of all the shares in Semasa Services Sdn. Bhd., a wholly owned subsidiary of Malaysian Resources Corporation Berhad which is engaged in building and management services.
  • Assisted in advising Lundin Petroleum Ab in the sale the 100 percent issued share capital of Lundin Services Limited (which owns the FPSO Bertam oilfield) to M3nergy Investment Ltd.
  • Lead Malaysian counsel for the proposed acquisition of PTT in 10% of the issued share capital of Petronas LNG 9 Sdn Bhd from Petroliam Nasional Berhad.
  • Assisted in advising PETRONAS Dagangan Berhad (PDB) in its cross-border acquisition of 6 downstream companies in the Philippines, Vietnam, Thailand and Malaysia representing PDB's first overseas acquisitions in its history.
  • Advised CIMC Vehicles (Malaysia) Sdn Bhd, part of the family of China International Marine Containers (Group) Ltd, a world leading supplier of logistic and energy equipment in its proposed acquisition of ITG Oil & Gas Services Sdn Bhd.
  • Assisted in advising a consortium of short-listed bidders in the acquisition of Esso Malaysia Berhad, ExxonMobil Malaysia and ExxonMobil Borneo from ExxonMobil Corporation.

Qualifications:
  • Postgraduate Diploma in EU Competition Law, King’s College London (2012)
  • Advocate and Solicitor, High Court of Malaya (2011)
  • LL.M in International Commercial Law, London College of Law (2011)
  • Barrister-at-Law (Lincoln’s Inn) (2009)
  • LL.B (Hons), University of Manchester (2008)
Professional Affiliations:
  • Vice Chairman, ICCM Competition Committee 2018

Authored the following articles:
  • Author, “From Floriculturists and Barbers to Airlines and Insurers”, Skrine’s Legal Insights 2/2018 and Pacific Rim Advisory Council Newsletter.
  • Expert contributor, the Annotated Malaysian Companies Act 2016, Sweet and Maxwell, November 2017.
  • Author, Competition Law Part, Skrine’s Doing Business in Malaysia 2016.
  • Author, Competition Law Part, the Practical Law Global Guides 2016 – second edition of "Franchising".
  • Author, Competition Law Part, “Doing Business in Malaysia Global Guide 2015/16: Q&A”.
  • Author, “Dangling the Carrot?”, Skrine’s Legal insights 1/2014 (March) Author, Competition Law Part, the Malaysian Chapter of the Mergers & Acquisitions Review 2014, 8th Edition, Malaysia.
  • Co-Author, GCR - The Handbook of Competition Enforcement Agencies 2014, Malaysia,
  • Author, Competition Law Part, the Malaysian Chapter of The Mergers & Acquisitions Review 2014 (8th Edition).
Presented the following talks:
  • Presenter, Maybank Investment’s Annual Market Conduct Competition Session, 13 October 2018
  • Co-presenter, 90 minutes with Skrine on Ultimate Review of Malaysia’s Competition Law Landscape, 5 April 2018.
  • Presenter, Boehringer Ingelheim Competition Law Training, 9 March 2018.
  • Presenter, Aspen Malaysia Competition Law Training, 5 January 2018.
  • Presenter, MMC Group Competition Law Training, 27 September 2017.
  • Presenter, Rockwool Malaysia Competition Law Training, 12 July 2017.
  • Speaker, Skrine’s 3Cs conference, 2nd March 2017.
  • Presenter, BMW Malaysia Competition Law Compliance Training, 15 - 16 June 2016.
  • Presenter, Cement and Concrete Association, 5 May 2016.

  • Listed as “Up and Coming” practitioner in Competition/Antitrust practice area by Chambers Asia-Pacific 2019.