Prior to opening SK Chambers, Shanthi led the competition law and regulatory compliance team at another law firm in Malaysia. She has experience on a range of competition and regulatory law issues, including:
- Insurance industry player in defending a cartel allegation by the Malaysia Competition Commission
- Gas distribution player on competition provisions in the Energy Commission Act 2001 and Gas Supply Act 1993
- 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 multimedia operator on broadband access, margin squeeze and related competition law remedies
- A toll concessionaire seeking to enhance the competitiveness of the electronic payments market for toll payments
- Parties to a Joint-venture/ merger in the aviation services market – preparing anti-trust strategy/submission to authorities
- 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
- FPSO player in relation to non-compete arrangement in the context of purchase of stake in a local FPSO business
- A dominant licensee in the context of an acquisition in the multimedia sector – preparing anti-trust strategy/ submission to the authorities for clearance
- A seller in relation to a competition audit of a target in the aviation services sector and advising on the scope of anti-competition 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 as well as applying the appropriate cost threshold (namely Long Run Average Incremental Cost) to determine wholesale pricing
- Compliance strategy for aviation services market player straddling multiple jurisdictions
- A telecommunications company on the impact of a network sharing arrangement on competition in the sector. This involved an assessment of the various points for competitive interaction between the parties and weighing both the pro-and anti-competitive benefits of the arrangement
- Preliminary advice on the impact of a merger between bank and non-banking lending institution, with particular focus on areas of foreseeable dominance in specific products
- A tile manufacturer on potential cartel risks arising from OEM arrangements and joint distribution agreements and strategies to mitigate these risks
- A conglomerate on a full functioning joint venture with an international direct/home shopping player
- Several companies with regard to creating, reviewing, updating and implementation of the competition compliance programmes, and training sessions on the same
- A large number of clients, with regard to the adjustment and clearance of various contractual clauses and mechanisms raising potential competition concerns
- 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
- An O&G player on parameters for collaboration during the course of a bid process for oil exploration assets
- An automotive dealer in connection with its arrangements with its principal on price restrictions and exclusive arrangements
Shanthi started her career at the Securities Commission in the Policy Division. She was part of the pioneer team that oversaw seminal law reform initiatives towards modernising and strengthening the Malaysian capital markets.
Among others, she participated in the major overhaul and streamlining of four key securities legislation. Key in this initiative was the removal of overlaps in jurisdiction, firmly placing the SC as the primary regulator of the securities market. This initiative also addressed amendments to Malaysian Code on Take-overs and Mergers and Issues Guidelines.
She was the principal writer/drafter of the Finance Committee Report on Corporate Governance and the 1st Malaysian Code on Corporate Governance. Both these documents served as the blueprint for corporate governance reforms.
Independently of the SC, she has co-authored country reports for the World Bank and OECD on this subject.
Shanthi has a Masters in Law from King’s College London. She holds a Postgraduate-Diploma in Competition Economics also from King’s College. Given her dual credentials she is able to work closely with leading international economists on complex issues straddling aspects of competition law and economics.
She also went on a study visit with the anti-trust unit of a leading U.S. law firm.