Marc Waha

Foreign Legal Consultant
Norton Rose Fulbright Hong Kong

Hong Kong SAR
Hong Kong SAR
T:+852 3405 2508
Hong Kong SAR
Hong Kong SAR
T:+852 3405 2508
Marc Waha

Marc Waha

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Biography

Marc Waha is an antitrust, competition and regulatory lawyer based in our Hong Kong and Tokyo offices. He also spends a considerable amount of time in Europe, representing Asian clients before competition authorities.

Marc advises international companies on emerging antitrust regimes in East Asia, and Asian companies on global competition compliance issues, multi-jurisdictional merger filings and international cartel investigations, particularly in Europe and Asia. For more than 20 years he has represented clients active in various industrial sectors, including: advertising; life sciences; property; infrastructure; television broadcasting; transport and logistics; software and online services; telecommunications services and equipment; financial services; petrochemicals; mining, metals; oil and gas; food and other consumer goods.

Marc's merger experience includes multijurisdictional filings (including for conditional approvals in China) for multi-billion dollar transactions in diverse sectors, including: life sciences; financial services; energy; IT; petrochemicals; metals; transport; and food. His cartel work experience spans the air transport, automotive, food, elevator, beverage, IT, plasterboard, and chemicals industries.

Marc has also worked on a number of competition matters in Europe and Asia involving alleged abuses of dominant position, cartel-like behaviour and state aid, assisting defendants involved in multijurisdictional litigation and representing defendants before the European and national authorities, as well as before the General Court of the EU. 

In Hong Kong, Marc led the team which assisted a television broadcaster with the leading competition law case (Television Broadcasts Limited v Communications Authority [2016]).  The team also assisted the only successful defendant in the first court case brought under the Competition Ordinance (Competition Commission v Nutanix [2019]) and the first merger in which the Communications Authority sought remedies under the Ordinance (HKBN/WTT [2019]). 

In Tokyo, Marc primarily assists large conglomerates regarding foreign M&A activity and industrial companies in foreign cartel investigations, as well as multinationals in obtaining merger and other clearances.

Marc is the author of the Hong Kong Competition Law Handbook (Butterworths, 2015). In addition, Marc has been involved in training programmes for Asian competition authorities.


Professional experience

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  • Attorney at Law, admitted in New York
  • Avocat, qualified in Belgium
  • Legal 500, Europe describes Marc as "a business minded, straight-to-the-point and brilliant lawyer" 
  • The IFLR Guide commended Marc as "an incredibly strong academic and a very good lawyer", "of all the firms, he is the one partner that people recognize the most" 
  • Marc is recognized as a 'leading lawyer' and has been recommended for his "high reputation" in "merger control clearance work" by Chambers and Partners Global
  • Marc has been ranked #1 for competition law in China by Chambers and Partners Asia Pacific
  • Marc is recognized as a 'leading lawyer' by Euromoney's Guide to the World's Leading Competition and Antitrust Lawyers, International Law Office's Client Choice Awards, PLC's Which Lawyer?, Asialaw's Leading Lawyers and The International Who's Who of Competition Lawyers & Economists

Recent publications and presentations include the following.  A full list is available upon request.

  • Hong Kong Competition Law Handbook (second edition), Butterworths Lexis-Nexis, [expected 2020]
  • Competition law compliance programmes, International Bar Association Annual Conference, Seoul, Korea (September 2019)
  • No-poach agreements and other labour market concerns, Global Competition Review's Annual Cartels Conference 2019, Washington DC, USA (March 2019)
  • Merger control:  gun jumping and remedies, panel chair, Global Competition Review's Antitrust Law Leaders' Forum 2019, Singapore (March 2019)
  • Approaching leniency procedures in the EU, Prepared remarks before the 7th Annual Competition Law and Regulatory Global Forum, Hong Kong (July 2018)
  • Competition law and policy in the internet economy, panel chair, Global Competition Review's Antitrust Law Leaders' Forum 2018, Singapore (March 2018)
  • Diversity of merger control in Asia, Prepared remarks before the Association des Praticiens du Droit de la Concurrence, Paris, France (September 2017)
  • Japanese companies selling abroad:  common competition law issues, Prepared remarks before the 4th Annual Competition Law Summit, Tokyo, Japan (September 2017)
  • Hong Kong merger control, in The Merger Control Review (LBR, August 2017) [co-authored with Pearl Yeung and Sophie Chen]
  • Competition law and telecommunications:  key regulatory challenges, discussant, Chinese University of Hong Kong, Hong Kong (March 2017)
  • Technological change and market definition in the decisional practice of Asian competition authorities, Prepared remarks before the 12th Asia Competition Forum Conference, Hong Kong, China (December 2016)
  • The Competition Ordinance and the Insurance Industry: what can be learned from the application for a block exemption by the shipping industry, panel chair, Hong Kong Insurance Law Association, Hong Kong (October 2016)
  • Competition law in the air transport industry:  Hong Kong and greater China, IATA Legal Forum, Hong Kong (October 2016) [jointly with Pearl Yeung]
  • Hong Kong merger control, in The Merger Control Review (LBR, August 2016) [co-authored with Pearl Yeung and Sophie Chen]
  • China Annual Global Competition Law Forum, conference chair, Kluwer annual conference, Shanghai (July 2016)
  • No-poach agreements and other labour market concerns, Global Competition Review's Annual Cartels Conference 2019, Washington, DC, March 2019
  • Merger control: gun jumping and remedies, Global Competition Review's Antitrust Law Leaders' Forum 2019, Singapore, March 2019
  • Approaching leniency procedures in the EU, 7th Annual Competition Law and Regulatory Global Forum, Hong Kong, July 2018
  • Competition law and policy in the internet economy, Global Competition Review's Antitrust Law Leaders' Forum 2018, Singapore, March 2018
  • Dutch
  • English
  • French
  • Japanese

Knowledge

Competition World

Publication | November 2017

Competition World

Publication | July 2017

Competition law developments in East Asia - June 2017

Publication | June 2017

Competition law developments in East Asia - May 2017

Publication | May 2017