Highly acclaimed and Band 1 ranked Leading Antitrust Lawyer Stephen Crosswell is the chair of Baker McKenzie's Asia-Pacific Antitrust & Competition Group and the TMT Industry Group. He is also the head of our Greater China Antitrust & Competition team.
Clients laud 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." He is also one of the leading TMT lawyers in the region.
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 represented one of the parties to the first enforcement action taken in Hong Kong's Competition Tribunal.
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 regularly advises on competition policy matters, including regulated industry negotiations with governments and regulators, deregulation, privatization and state owned enterprises reform. He also has extensive experience in TMT regulatory and litigation matters, acting on some of their most complex local and cross-border matters.
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
- 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 a leading UK-based global telecommunications company in 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.
- Leading professional in Mainland China & Hong Kong SAR, Who’s Who Legal: China & Hong Kong, 2022
- Leading Lawyer in Antitrust/Competition (China/Hong Kong), Chambers Greater China Region, 2022
- Leading Lawyer in Antitrust & Competition (Hong Kong), Legal 500 Asia Pacific, 2016-2022
- Market Leader in Competition (Hong Kong), IFLR 1000, 2011, 2015-2022
- Leading Lawyer in Antitrust/Competition (China/Hong Kong), Chambers Asia Pacific, 2009-2021
- Leading Lawyer in Antitrust/Competition (China/Hong Kong), Chambers Global, 2012-2021
- Market Leader (Hong Kong) – ranked as one of the most influential dealmakers in Asia Pacific, IFLR Asia Best Lawyers, 2020
- Acritas Star Lawyer (Hong Kong), 2020-2021
- Recognized Expert in Competition & Antitrust (Hong Kong), Euromoney’s Expert Guides, 2018, 2021
- Best Leading Antitrust Lawyer of the Year (Hong Kong), M&A Today – Global Awards, 2021
- Competition Future Leaders (Partners), Who's Who Legal, 2018-2021
- Concurrences Winner, Antitrust Writing Awards 2021: Business, Private Enforcement (“Developing a Global Settlement Strategy”)
- Concurrences Nominee, Antitrust Writing Awards 2020: Business, Asian Antitrust (“China's SAMR Ramps Up Antitrust Enforcement”)
- Concurrences Winner, Antitrust Writing Awards 2019: Academic, Cross-Border Issues
- Concurrences Nominee, Antitrust Writing Awards 2017-2018: Business, Asian Antitrust
- Shortlisted for Competition Lawyer of the Year in China, China Law & Practice, 2019
- Leading Lawyer in TMT: Telecommunications & Broadcasting (International Firms) (China/Hong Kong), Chambers Asia Pacific, 2009-2015
- Recommended Lawyer in Competition and TMT Litigation, Legal 500 Asia Pacific, 2011
- Recommended Lawyer in Telecoms and Regulator Disputes, Legal 500 Asia Pacific, 2009-2011
Professional Associations and Memberships
- IBA Antitrust Committee - Member (appointed 2017)
- International Competition Network (ICN) - Non-governmental adviser to the Hong Kong Competition Commission (February 2022 – present; June 2015 – February 2018)
- Leadership Section of the ABA Section of Antitrust Law International Cartel Task Force - Member (2016–present)
- 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
- England & Wales~United Kingdom (2010)
- Hong Kong (2007)
- New South Wales~Australia (2003)
- Australia (2003)
- New Zealand (1996)
- University of Auckland (Conjoint Bachelor of Commerce/Law, Hons) (1997)
- Author, “The Merger Control Review – 12th Edition, Hong Kong Chapter,” Law Business Research, 2021
- Author, “The Merger Control Review – 11th Edition, Hong Kong Chapter,” Law Business Research, 2020
- Author, “Cartels – Country Comparative Guide, Hong Kong Chapter,” Legal 500, 2020
- Co-author, “The Merger Control Review – 10th Edition, Hong Kong Chapter,” Law Business Research, 2019
- Co-author, “The Stories Merger Documents Tell – The US, EU, Asia, Brazil, Mexico, and South Africa Perspectives”. (Winner, 2019 Concurrences Antitrust Writing Awards: Academic Articles, Cross-Border Issues).
- Contributor, “The Cartels and Leniency Review 6th edition,” Law Business Research, 2017