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Nathan Bush

Partner
Head of Antitrust and Competition, Asia
Head of International Trade, Asia
Singapore
About

Nathan (Nate) Bush advises clients in internal investigations, government enforcement actions, and compliance involving antitrust and competition, international trade, and corruption and fraud. He was based in Beijing from 2004 through 2012, and has covered Asia from Singapore since 2013.

Clients describe Nate as "an exceptional regulatory lawyer, with top-level strength in FCPA and antitrust" (Chambers Global 2017), “a very skilled attorney who can frame complex issues in a way that is easily understandable, (Chambers Global 2022), “an excellent strategist." (Chambers Global 2023), and “brilliant, insightful, experienced, and hard-working." (Chambers Asia Pacific 2023). Clients report that "his ability to understand complex, sophisticated and technical business lines has made him an invaluable adviser” (Chambers Global 2023), and appreciate his “understand[ing] the nuances of the different cultures, blending his law and public policy expertise” (Chambers Asia Pacific 2022).

 

Areas of FocusEnergy and Natural ResourcesFinancial ServicesLife SciencesMedia, Sport and EntertainmentTechnology
Professional QualificationsAttorney-at-law admitted with the District of Columbia Bar

EXPERIENCE

Anti-bribery and Anticorruption

  • Represented MKS in obtaining antitrust clearance in China, South Korea, Taiwan, Vietnam, and Indonesia of its US$ 5.1 billion acquisition of Atotech.
  • Advised international consumer goods company in responding to resale price maintenance investigation by China’s State Administration of Market Regulation.
  • Represented Time Warner in Chinese merger review of its USD85bn purchase by AT&T.
  • Advised global medical devices supplier in investigating alleged bid rigging schemes in China.
  • Advised leading international insurance brokerage firm in securing Vietnamese antitrust clearance of its acquisition of a competitor.
  • Advised life sciences company in investigating whistleblower allegations of resale price maintenance schemes in China.

International Trade, Sanctions, Export Controls & National Security

  • Advised leading Asian energy firm regarding sanctions affecting the Russian energy sector.
  • Advised Japanese technology company in gap assessment of trade compliance, customs compliance, and trade agreement optimization practices in Japan, China, South Korea, India, and ASEAN member states.
  • Advised Asian shipping company on gap assessment of sanctions and export control compliance policies and procedures and subsequent remediation. 
  • Represented Asian Business Process Outsourcing (BPO) company in Committee on Foreign Investment in the U.S. (CFIUS) review of the sale of its U.S. healthcare sector operations to an Asia-based financial institution.
  • Represented US publishing company challenging Chinese restrictions on market access for foreign publishers and publications in support of successful US claims before WTO panel and WTO Appellate Body.

Anti-bribery & Anticorruption

  • Conducted internal investigations of potential liability under the U.S. Foreign Corrupt Practices Act (FCPA) and local anticorruption and antibribery (ABAC) rules involving: 

– of politically connected persons by a financial institution in China.

– government relations practices of a life sciences company in the Philippines.

– marketing and customs clearance practices of a U.S. issuer in Singapore, China, Indonesia, and Malaysia.

– hiring of relatives of politically connected persons by a financial institution in China.

– clinical trials in China by a pharmaceutical company.

– use of intermediaries by a financial institution in Indonesia.

Fraud and Corporate Misconduct

  • Advised a financial institution in connection with a Monetary Authority of Singapore investigation into misconduct by foreign exchange and interest rate traders.
Languages
  • English
  • Chinese (Mandarin)
Education
  • Judicial Clerkship, Hon. Leonie M. Brinkema, U.S. District Court, E.D. Va. 2000-2001
  • Harvard Law School, Cambridge, MA, 1997-2000. Juris Doctorate (J.D.), Cum Laude, 2000
  • Harvard International Law Journal, Submissions Committee, 1998-1999


    Harvard Asia Quarterly, Editor in Chief, 1998-2000


    Harvard Asia Law Society (HALS), 1999-2000. Executive Committee Member, 1998-2000


    University of Virginia, Charlottesville, VA, 1991-1995. B.A. in Government & Foreign Affairs, East Asian Studies (Minor), 1995

Awards

  • Named by Chambers Asia Pacific 2023 as a leading individual and by Chambers Asia Pacific 2023 in Band 2 in the area of Corporate Investigations/Anti-Corruption - Singapore.
  • Recognized by Chambers Global 2022 for “expertise based abroad” in the area of Competition/Antitrust (International Firms) – China.

Publications

  • "Chinese Antitrust in the Trade War: Casualty, Refugee, Profiteer, Peacemaker” 
  • ABA Antitrust Law Journal, Dec 2, 2021
  • "The Amended PRC Anti-Monopoly Law: Prioritizing Abuse of Dominance in Digital Markets and IP Licensing”, China Law & Practice, Aug 12, 2022
  • "Refining the Rules against Monopoly Agreements,” China Law & Practice, Aug 5, 2022
  • "Chinese Merger Review: The Amended AML and Proposed Regulatory Revisions,” China Law and Practice, Jul 22, 2022

Seminars

  • “ABAC & Antitrust: Southeast Asia”, ACI’s “APAC & Latin America Regulatory And Enforcement Update”, Washington, D.C., December, 2019
  • “Bribery, Corruption & Money Laundering, Oh My!: Strategies for Mitigating Risk through Diligence, Negotiation & Integration,” ABA, "Asia-Pacific Forum: Navigating the Life Cycle of a Cross-Border Deal", Hong Kong, October 2019
  • “A Life Sciences Roadmap to Legal and Compliance in China: The Most Misunderstood Anti-Bribery, Trade, Blocking Statue, Data Security, Privacy, and Antitrust Requirements” ACI’s “Advanced Forum on FCPA & Anti-Corruption for the Life Sciences Industry”, New York June 2019
  • “Malaysia Government Anti-Corruption Updates: Understanding What is on the forefront for Anti-Corruption Compliance for Organizations Conducting Business In Malaysia”, ACI “7th Asia-Pacific Summit on Anti-Corruption Compliance and Risk Management” Conference, Singapore October 2018
  • “Gifts, entertainment and sponsorship”, ACI “6th Asia-Pacific Summit on Anti-Corruption Compliance and Risk Management” Conference, Singapore, October 2017
  • “The Anatomy of a Corruption Investigation in China”, ACI’s “11th Advanced Forum on FCPA & Anti-Corruption in the Life Sciences Industry, New York, June 2017

Admissions

  • District of Columbia, Virginia

Memberships And Affiliations

  • Member, ABA Antitrust Section, Long Range Planning Committee, 2019
  • Co-Chair, IP and Legal Committee, American Chamber of Commerce in Singapore, 2016-present
  • General Counsel (Volunteer), American Chamber of Commerce in China, 2009-2011
  • Chair, Legal Committee, American Chamber of Commerce in China, 2008

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