Shi Wen is a corporate partner focussing on corporate advisory, merger and acquisition, oil and gas and maritime and shipping advisory. She also co-heads the Competition practice of Skrine and has in-depth knowledge and experience in this area.
Shi Wen has been ranked in Band 3 in Competition/Antitrust in Chambers Asia-Pacific 2020 and 2021 and recognised as a stand-out lawyer by Acritas Stars Independently Rated Lawyer 2020 and 2021. She has been described as “very approachable and her advice is clear, precise and to the point” and that she handles “a broad range of issues, including abuse of dominance and cartel matters, as well as competition audits and dawn raids.”
Shi Wen was invited to be one of the expert contributors for the Annotated Malaysian Companies Act 2016. She was also engaged by the Malaysian Energy Commission for the preparation and drafting of Competition Law Guidelines. 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 is also a member of the Firm’s China Desk, which is aimed at contributing to the bilateral Malaysia-China legal cooperation and participation in the legal sphere of the One-Belt-One-Road policy and Made in China 2025 strategic plan.
Key Practice Areas
- Mergers & Acquisitions 兼并与收购
- Investments 投资、合资
- Oil and Gas 石油与天然气
- Competition law 反垄断法
- Shipping Law 船务法
- Corporate Advisory 企业咨询
Selected competition law experience relating to the airline industry are as follows:
- Assisted the Malaysia Ship Owners Association and the Shipping Association of Malaysia in making an application to the Malaysian Competition Commission (the “MyCC”) for a block exemption under the Competition Act 2010 and its subsequent renewals. Note: This is the only block exemption order ever granted by the MyCC under the Malaysian Competition Act 2010 to date.
- Assisted All Nippon Airways Co. Ltd. and United Airlines Ltd. in making an application to the Malaysian Aviation Commission for an individual exemption under the Malaysian Aviation Commission Act 2015.
- Assisted IATA in conducting a competition law assessment on its passenger agency program.
- 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.
- Advised a Malaysian airport operator on the competition aspects of the imposition of the agreement between Malaysia Airports (Sepang) Sdn Bhd and SITA Information Networking Computing B.V concerning the common use services at KLIA 2 on airlines (including AirAsia).
- Advised Spirit AeroSystems Malaysia on the non-poaching agreement with its competitors.
- 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 Life Insurance Association Malaysia and Malaysian Takaful Association in making an application to the MyCC for a block exemption under the Competition Act 2010.
- 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 and advised the liner shipping operators and the Malaysian ship trade associations, who are acting as intervening parties, in preparing and drafting submissions to the High Court in Sabah at Kota Kinabalu in response to an application for judicial review.
- Conducted legal audit for companies and trade associations (for example HSBC, BMW, ING, the Cement and Concrete Association of Malaysia, Life Insurance Association of Malaysia etc) in relation to the Malaysian competition law particularly on issues relating to sharing of information and assisted in ascertaining company's degree of compliance and recommend areas and action to be taken.
- Assisted clients (including HSBC, BMW, the Cement and Concrete Association of Malaysia, ING, Aspen, Great Eastern, BP, Mitsubishi, Akersolution, Lexis-Nexis and Maersk etc) 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.
- Advising clients in various industries (such as HSBC, UOB, Servier, MSD, Eily Lilly, ASDA, Burger King, Paris Baguette, the Sun (newspaper), Suzuki, BMW, Genting, Novartis, Khazanah, Ingenico, SCA Hygiene, Spirit AeroSystems Malaysia, GAP, Telekom Malaysia, Tan Chong Motor, Lendlease, Coca-cola, JPMorgan Malaysia, MAHB, BP, the Pacific Insurance etc) on competition law issues including but not limited to joint ventures, cartels, collaborations, bancassurance, franchising and distribution arrangements.
- Acted for 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.
- Advised and acted for 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.
- Advised and acted for a consortium of short-listed bidders in the acquisition of Esso Malaysia Berhad, ExxonMobil Malaysia and ExxonMobil Borneo from ExxonMobil Corporation.
- 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.
- 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.
- 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)
- Vice Chairman, ICCM Competition Committee
- IBA Committee (Anti-trust section)
Authored the following articles:
- Expert contributor, the Annotated Malaysian Companies Act 2016 revised version, Sweet and Maxwell, July 2020
- Author, “Merger Control Laws and Regulations”, Global Legal Insights 2020
- Author, “Guide to Doing Business in Malaysia”, July 2020
- Author, “Merger Control on the Horizon?” Legal Insights (4/2019) December issue
- Contributor, “Pharma Legal Handbook Malaysia”, Pharma Boardroom 3 October 2019
- Author, “Merger Control Laws and Regulations”, Global Legal Insights 2019
- Author, “IP Rights and Competition Law: Contradiction or Collaboration?” Legal Insights (3/2019) September issue
- Author, “Guide to Doing Business in Malaysia”, 16 January 2019
- 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
Presented the following talks:
- Speaker, Servier Malaysia’s annual competition law training, 28 February 2020
- Guest speaker at PWC Deals “Connect the Dots” 21 November 2019
- Speaker, BF Asia Competition Academy in Tokyo, 10 October 2019
- Speaker, Aspen Malaysia’s annual competition law training, 17 July 2019
- Presenter, Shipping Laws, Agro Bank, 17 July 2019
- Speaker, Merger Control, Skrine and Freshfields, 29 May 2019
- Speaker, Rosen Group’s annual competition law training, 16 May 2019
- Speaker, Lex Mundi Regional Competition Seminar, 23 April 2019
- 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
- Ranked in Band 3 in Competition/Antitrust in Chambers Asia-Pacific 2020 and 2021
- Recognised as stand-out lawyer by Acritas Stars Independently Rated Lawyer 2020 and 2021
- Listed as “Up and Coming” practitioner in Competition/Antitrust practice area by Chambers Asia-Pacific 2019