Peerapan Tungsuwan

Peerapan Tungsuwan

Partner
Baker & McKenzie Limited Attorneys at Law

Biography

Peerapan is a Corporate and M&A partner and heads the Sustainability Group and Healthcare & Life Sciences Industry Group in Bangkok. She also co-heads of the Investigations, Compliance & Ethics Practice Group in Bangkok and is a member of the Firm's Executive Committee. Peerapan has nearly 40 years of experience advising on transactional and regulatory matters in highly regulated industries. Peerapan is exceptionally fluent in regulatory matters relating to healthcare, consumer protection and product liability.

Peerapan also has extensive experience advising on compliance issues, risks facing companies across various industry sectors, and regularly assists clients in practically managing and mitigating those risks. Peerapan was awarded ‘Client Choice winner’ for Healthcare & Life Sciences 2019 by Lexology. She has been consistently recognized as 'Leading Individual’ in Corporate M&A by Asia Pacific Legal 500 for eight consecutive years (2013-2020) and has been inducted into The Asia Pacific Legal 500 Hall of Fame in Corporate M&A in 2020-present.

Practice Focus

Peerapan is exceptionally fluent in legal matters relating to healthcare and consumer. Peerapan has extensive experience assisting numerous leading healthcare clients on complex mergers and acquisitions, joint ventures, corporate structures and restructuring.

Her long experience in the healthcare and life sciences industry and risk exposure in this heavily regulated industry allows her to bring commerciality and practicality to clients’ transactions and operations. Her client list includes a Japanese-based Fortune 500 company, multinational manufacturers, pharmaceutical and healthcare companies, and oil and gas companies.. She also has substantial experience advising on anti-corruption compliance issues.

Representative Legal Matters

  • Advising a multinational pharmaceutical company on licensing into the first biopharmaceutical company in Thailand and having their COVID-19 vaccine developed and manufactured in Thailand as a hub for Thai market and Southeast Asian countries under exceptional circumstances due to the existing government procurement framework.

  • Assisting Vimut Hospital Holding Company Limited, a subsidiary of Pruksa Holding Public Company Limited (the largest real estate developer in Thailand and listed on the Stock Exchange), in its first acquisition to diversify into the healthcare space by acquiring 51% of the shares in Theptanyapa Co., Ltd., the owner and operator of Theptarin Hospital, the first diabetes and thyroid center in Thailand.

  • Advising a leading multinational pharmaceutical company on government procurement requirements for COVID 19 vaccine under Thai law and industry practices.

  • Advising Takeda on the post-acquisition integration of Shire in Thailand, including providing regulatory advice on the transfer of the marketing authorizations and how to manage the process.

  • Advising a leading innovative skincare brand and beauty clinic, on their outbound expansion of beauty and innovative skincare business in China.

  • Advising AGC Inc. (formerly known as Asahi Glass Co., Ltd.), the world’s largest global manufacturer and supplier of glass products, headquartered in Tokyo and listed on the Tokyo Stock Exchange, in connection with its over Baht 17 billion offer to acquire the majority stake in Vinythai Public Company Limited, a major Thailand based global manufacturer and supplier of plastic and chemical products listed on the Stock Exchange of Thailand, via a purchase of the majority shares from Solvay, a major global manufacturer and supplier of chemical products, headquartered in Belgium and listed on the Euronext, and the subsequent tender offer for all the remaining shares in the target company. This deal won Asia Business Law Journal's Deal of the Year Award for 2017.

  • Representing Mitr Phol Group, Asia's largest sugar producer, in connection with their US$ 55 million investment for research and development and to scale up the production of Erythritol and Xylitol, two of the most widely used sugar alcohols in the global natural sweetener market. Key aspects of the investment involves the collaboration and joint venture arrangement with Dynamic Food Ingredients Corporation (DFI), a world leading company in electrochemistry research and development. Our role includes (i) advice on the transaction structure of its partnership in the USA as well as the joint venture between the two parties in Thailand (ii) negotiating the transaction agreements for the joint investment and technology licensing arrangement (iii) implementation and the joint investment on research and development of the Erythritol and Xylitol.

  • Assisting on the THB 77,297,700 Thailand aspects of the spin-off of Baxter International Inc.’s bioscience business to Baxalta Incorporated. We advised on the implementation of the overall transaction, as well as the corporate aspects, the transaction agreements, the product registration license applications (FDA) and other regulatory matters, including tax and the transfer of employees and other employment aspects of the transaction.

  • Advising Corbion, a global market leader in lactic acid, lactic acid derivatives, and lactides and a company listed on the Euronext, on the 50/50 joint venture with Total, one of the "supermajor" oil companies in the world, to produce and market polylactic (PLA) polymers via their first 75,000 tons PLA polymerization plant in Thailand. The closing of the joint venture followed the over THB1 billion spin-off of the lactide business of Corbion in Thailand to the joint venture entity.

  • Assisting an Australian-listed company and leading animal feed producer in connection with the acquisition of shares in a Thai aquatic feed manufacturing company by its subsidiary.

  • Advising Pfizer on its sale of Pfizer Nutrition to a Switzerland-based multinational conglomerate. The sale is part of the USD11.85 billion infant nutrition deal which Pfizer initiated through a bidding process.

  • Advising Pfizer on the animal health business transfer to Pfizer Animal Health (now named Zoetis) and assisted with the establishment of Pfizer Animal Health.

  • Assisting leading pharmaceutical companies in reviewing and analyzing the anti-corruption law related to an investigation procedure, including preparing a corresponding letter and certification for appointment of distributors and arranging for its submission to the authority.

Professional Honors

  • Client Choice winner for Healthcare & Life Sciences, Lexology, 2019
  • Leading Individual in Corporate M&A, The Asia Pacific Legal 500, 2009-2020
  • Notable Practitioner in Corporate and M&A and Life Sciences, Chambers Asia-Pacific, 2014-15
  • External Counsel of the Year, ASIAN- MENA Counsel, In-House Community, 2012
  • Leading Individual in Life Sciences: Regulatory, PLC Which Lawyer?, 2010-2011
  • Recommended Lawyer in Life Sciences Super Leagues: Regulatory, PLC Which Lawyer?, 2011
  • Recommended Lawyer in Life Sciences: Regulatory, PLC Which Lawyer?, 2005-2009
  • Leader of the Year Award, Baker McKenzie, 2009
  • Fluency Award’ in Culture of Friendship, Baker McKenzie, 2011 and 2012

Professional Associations and Memberships

  • Thai Bar Association
  • Law Society of Thailand

Admissions

  • Thailand (1984)

Education

  • National Justice Academy Judicial Training Institute Office of the Judiciary (Programme of Senior Executives on Justice Administration, Batch 13) (2009)
  • The London School of Economics and Political Science (LL.M., Merit) (1993)
  • University of California, Berkeley (Certificate, Orientation to US Law) (1991)
  • Chulalongkorn University (LL.B.) (1983)

Languages

  • English
  • Thai

Publications and Articles

Author, "Digital Transformation in Healthcare Series: Towards Reopening Thailand and COVID-19 Tracing Devices", Lexology, 7 October 2020

Author, "Digital Transformation in Healthcare Series: Telemedicine beyond COVID-19 Pandemic", Lexology, 17 August 2020

Author, "Draft Ministerial Regulations Prescribing Rules, Procedures and Conditions on the Use and Possession of Kratom in the Designated Areas Where the Use of Kratom is Allowed", 11 August 2020

Author, "Healthcare Due Diligence - What to watch out for in conducting a target's "Health Checkup"?, Lexology, 6 August 2020

Author, "The Cabinet has Approved the Draft of a Further Amendment to the Narcotics Act regarding Medical Cannabis", 6 August 2020