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Stephen Crosswell

Stephen Crosswell

Partner
Baker & McKenzie

Biography

Highly acclaimed and Band 1 ranked  Leading Antitrust Lawyer, Stephen Crosswell is the current Chair of Baker McKenzie's Asia-Pacific Antitrust & Competition Group. He is also that Head of our Greater China Antitrust & Competition team.

Clients laude Stephen for his "years of experience working on competition matters". He is described as a "vital resource for clients seeking to navigate the nuances not only of the new local competition law regime in Hong Kong but also across other Asian jurisdictions – including China". 

Stephen has been granted "Solicitor Advocate" status before the Hong Kong Courts, meaning that he is uniquely placed as a specialist competition advocate in Hong Kong, having rights of audience in the Competition Tribunal and appeal courts. He is representing one of the parties to the first enforcement action that has been taken in Hong Kong's Competition Tribunal.

Practice Focus

Stephen's practice covers a broad range of competition law issues in China, Hong Kong and throughout the Asia Pacific, including competition audits and compliance, competition litigation, competition related judicial review proceedings, access claims, multijurisdictional cartel investigations, merger clearance, collaboration/joint ventures and antitrust advisory. Stephen also regularly advises on competition policy matters, including regulated industry negotiations with governments and regulators, deregulation, privatization and state owned enterprises reform.

Stephen advises across a broad range of sectors, including media and telecommunications, government contracts, oil and gas, electricity, healthcare, retail, banking and finance, property and ports.

Representative Legal Matters

Mergers

  • Advised FedEx on the China merger control aspects of its USD 4.4 billion acquisition of TNT.
  • Advised Platinum Equity, LLC on the China merger control clearance aspects of its USD 4 billion acquisition of Emerson's Network Power Business, and its SGD 150 million acquisition of the Foam Plastics Solutions and the Flow Control Devices businesses from Broadway Industrial Group Limited.
  • Advised HonHai (Foxconn) on the China merger control aspects of its USD 3.8 billion acquisition of Sharp (which won the 2017 IFLR Deal of the Year Award).

Cartels and Competition Litigation

  • Acted for British Telecom on the first competition prosecution to take place under Hong Kong's competition law, overseeing the dawn raid and delivering the opening submissions at trial as Solicitor Advocate.
  • Acted for a US corporation in respect of an investigation into alleged bid-rigging by the Hong Kong Competition Commission.
  • Acted for a Hong Kong listed company on an investigation by the Hong Kong Competition Commission in relation to an alleged abuse of dominance.
  • Made the first ever leniency application in Hong Kong and successfully negotiated one of the first ever leniency agreements with the Hong Kong Competition Commission.
  • Acted for a multinational company on complex cross-border leniency applications in Hong Kong, Singapore, Malaysia, Korea and Australia, appearing and making submissions to HKCC (Hong Kong) and, with local counsel, before the CCCS (Singapore), KFTC (Korea) and MyCC (Malaysia).

Policy and Compliance

  • International Competition Network (ICN) - Non-governmental adviser to the Hong Kong Competition Commission (June 2015 – February 2018)
  • Advised on drafting and negotiations with government regarding the electricity industry regulatory framework for a major Asia-based electricity company.
  • Represented the Hong Kong General Chamber of Commerce in the Legislative Council hearings relating to enactment of Hong Kong's competition law.

Professional Honors

  • Ranked in IFLR Asia Best Lawyers 2020 as one of the most influential dealmakers across the Asia Pacific region - rated as a Market Leader for Hong Kong
  • Concurrences Winner, Antirust Writing Awards 2019: Academic, Cross-Border Issues
  • Concurrences Nominee, Antirust Writing Awards 2017-2018: Business, Asian Antitrust
  • Acritas Stars 2020
  • Shortlisted for China Law & Practice 2019 Competition Lawyer of the Year in China
  • Competition Future Leaders (Partners), Who's Who Legal 2018-2020
  • Recognized Expert in Competition & Antitrust (Hong Kong), Euromoney Guide to the World’s Leading Competition & Antitrust Experts 2018
  • Leading Lawyer in Antitrust & Competition (Hong Kong), Asia Pacific Legal 500, 2016-2020
  • Leading Lawyer in Competition (Hong Kong), IFLR 1000, 2011, 2015-2020
  • Leading Lawyer in Antitrust/Competition (China/ Hong Kong), Chambers Asia Pacific, 2009-2020
  • Leading Lawyer in Antitrust/Competition (China/ Hong Kong), Chambers Global, 2012-2020
  • Leading Lawyer in TMT: Telecommunications & Broadcasting (International Firms) (China/ Hong Kong), Chambers Asia, 2009-2015
  • Recommended Lawyer in Competition and TMT Litigation, Asia Pacific Legal 500, 2010/11
  • Recommended Lawyer in Telecoms and Regulator Disputes, Asia Pacific Legal 500, 2008/09 – 2010/11

Professional Associations and Memberships

  • IBA Antitrust Committee - Member (appointed 2017)
  • International Competition Network (ICN) - Non-governmental adviser to the Hong Kong Competition Commission (June 2015 – February 2018)
  • Leadership Section of the ABA Section of Antitrust Law International Cartel Task Force - Member (appointed 2016)
  • Hong Kong General Chamber of Commerce - Chairman of Legal Committee (2014 – 2017)
  • Hong Kong General Chamber of Commerce, Working Party on Competition Law - Member
  • Law Society of Hong Kong, Competition Law Committee - Chairman
  • Construction Industry Council, Task Force on Competition Law - Member
  • LexisNexis Editorial Board - Member

Admissions

  • England & Wales~United Kingdom (2010)
  • Hong Kong (2007)
  • New South Wales~Australia (2003)
  • Australia (2003)
  • New Zealand (1996)

Education

  • University of Auckland (Conjoint Bachelor of Commerce/Law Hons) (1997)
  • Author, "The Merger Control Review – 11th Edition, Hong Kong Chapter," Law Business Research, 2020
  • Author, "Cartels - Country Comparative Guide, Hong Kong Chapter," Legal500, 2020