Pornapa Luengsukcharoen

Pornapa Luengwattanakit

Partner
Baker & McKenzie Limited Attorneys at Law

Biography

Pornapa Luengwattanakit currently leads Baker McKenzie’s International Commercial & Trade, Competition, and Tax Practice Groups, and co-heads the Corporate and M&A Practice Group in Thailand. She practices mainly in the areas of corporate restructuring, major projects, mergers and acquisitions and trade competition. Ms. Luengwattanakit joined Baker McKenzie in 1982 and became a partner in 1989.

Practice Focus

Ms. Luengwattanakit advises multinational clients in corporate and commercial matters. She is exceptionally fluent in international trade law, and has successfully assisted multinational companies on a wide range of related matters, including assisting in anti-dumping investigations; providing advice on sunset reviews; and offering recommendations on international trade agreements, trade regulations, WTO-related matters, safeguard measures, rules of origin, and GSP issues. Ms. Luengwattanakit is well-regarded in the areas of taxation and customs, particularly with regard to foreign investments in Thailand. She routinely advises multinational and local companies across various industries on tax, customs and transfer pricing matters. Pornapa has served as vice chairperson of the Tax Committee of Thailand Board of Trade and chairperson of the Custom Subcommittee of Thailand Board of Trade.

Pornapa has extensive experience advising multinational clients in investment and trade and commerce matters relating to establishing a business presence in Thailand; assisting with Board of Investment promotion; ensuring Foreign Business Law compliance; and recommending ideal corporate structures and restructuring activities. Clients also appreciate Pornapa’s skills in strategic assistance with respect to trade competition issues. It can be confidently said that Pornapa Luengwattanakit is the only lawyer in Thailand from private practice who has had a major involvement and is instrumental in the shaping of the Thai trade competition landscape, particularly through her contribution to the new Trade Competition Act, which came into effect in 2017 in Thailand.

Representative Legal Matters

  • Advised the client on vertical restraint issues relating to specific technology licensing conditions under Thai trade competition law and competition laws and provided practical suggestions to minimize compliance with Thai competition laws and mitigate legal risks that may arise from such conditions.
  • Advised a global healthcare company on various aspects of antitrust law in Thailand which are applicable to the client's local business operations (including distribution and direct sale of healthcare products). Our advice was instrumental in guiding the client to set up its internal compliance framework.
  • Advised BM offices in other relevant jurisdictions including Malaysia, Singapore and Vietnam on competition laws.
  • Advising international companies on anti-dumping investigations, sunset reviews and international trade agreements, including trade regulations, WTO-related matters, safeguard measures and rules of origin.
  • Acted for a number of multinational companies with regard to concession and management agreements, primarily with the Provincial Waterworks Authority (PWA) for projects in Bangkok and nearby provinces.
  • Acting for multinational and local companies in industries ranging from telecommunications and pharmaceuticals to trade, commerce, construction and infrastructure in tax and customs issues and transfer pricing. She has also supported various companies in the defense of tax and customs assessments and investigations.
  • Assisted an American insurance company with the acquisition of a Thai life assurance company listed on the Stock Exchange of Thailand.
  • Advising clients in various industries (manufacturing, distribution, pharmaceutical, automobile, aviation, etc.) on Trade Competition Law issues that may arise from their commercial arrangements with business partners, such as agreements with suppliers and customers/distributors.
  • Assisting clients in various industries (manufacturing, pharmaceutical and cosmetic) in conducting compliance reviews to assess risk of violating the Trade Competition Law and provide comments on observations and recommendations.
  • Advising and providing legal advice and review to clients in various industries on various compliance issues including Trade Competition Law, as well as preparing or providing comments on internal and external documents, agreements, guidelines and policies from a compliance perspective, and conducting in-house training on such compliance matters.
  • Providing legal advice and assistance to clients in relation to trade competition complaints filed with the regulator, including assistance in preparing all documentation required and giving statements to the regulator.

Professional Honors

  • Ranked Band 1 in Competition/Antitrust by Chambers Asia Pacific 2023
  • Ranked on the Spotlight Table for Competition/Antitrust by Chambers Asia Pacific 2022
  • Named a Leading individual in Customs and International Trade by The Legal 500, 2020-2023
  • 2021 Client Choice Award Winner for competition practice in Thailand by Lexology
  • External Counsel of the Year, ASIAN- MENA Counsel, In-House Community, 2012
  • Recommended Lawyer in Tax, PLC Which Lawyer?, Thailand Yearbook, 2006-2009
  • Recommended Lawyer in Tax, PLC’s Global 500, 2006

Professional Associations and Memberships

  • Thai Bar Association
  • Law Society of Thailand
  • Trade Competition Commission - former member
  • Thailand Board of Trade - former vice chairman, Tax Committee
  • Thailand Board of Trade - former chairman, Custom Subcommittee
  • National Legislative Assembly - former secretary to the Standing Committee on Commerce, Industry and Labor
  • National Legislative Assembly - former member, Subcommittee on Public Revenue Collection under the Standing Committee on Economics, Monetary Affairs and Finance
  • National Legislative Assembly - former member, Subcommittee on Commerce under the Standing Committee on Commerce, Industry and Labor
  • International Competition Network - former nongGovernmental adviser

Admissions

  • Thailand (1982)

Education

  • Harvard Law School (LL.M.) (1989)
  • Harvard Law School (Certificate International Tax) (1989)
  • University of Texas at Dallas (Certificate Comparative American Law) (1986)
  • Thammasat University (LL.B.) (1982)

Languages

  • English
  • Thai