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Andrew McGinty
Partner, Shanghai
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andrew.mcginty@hoganlovells.com

Andrew McGinty is the Local Managing Partner of Hogan Lovells Shanghai office and co-coordinator of the firm's corporate and commercial practice in China.

Andrew has broad experience of advising on PRC-related corporate and commercial matters, private and public mergers and acquisitions, joint ventures and other foreign investment projects. His practice is broad-based but with areas of particular focus in the financial services, competition, real estate and TMT. He also has worked on a number of private equity and venture capital transactions with a China angle, mainly but not exclusively in the TMT space. Whilst his current practice focuses on the PRC, Andrew also has extensive experience of international corporate and commercial matters, as well as offshore mergers and acquisitions and infrastructure-related transactions. Andrew's client base is unusual in that it includes a number of leading Chinese companies, as well as foreign investors in China, which allows him a unique understanding of how a transaction may be seen from "the other side of the table".

Andrew has lived and worked in China for over 15 years. He spent three years in Hogan Lovells Beijing Office before relocating to Shanghai in 2007. He studied Mandarin Chinese at Fudan University in Shanghai and Cantonese at Zhongshan University in Guangzhou in the 1980s. Andrew is fluent in Mandarin, Cantonese, French and English as well as speaking good conversational Spanish.

REPRESENTATIVE EXPERIENCE
  • Advising on the sale of 100% of the equity interests in H.C. Starck China to Advent and Carlyle.
  • Advising KPMG as the receivers appointed by Danone S.A. in the high profile dispute with Wahaha.
  • Advising Ferrier Hodgson (as well as various creditor banks) as the provisional liquidator of Peacemark Holdings in the first and largest cross-border China/Hong Kong corporate rescue since the start of the financial crisis (awarded 2009 restructuring deal of the year by China Law & Practice).
  • Advising China Merchants Property Development a listed company in China on the sale of Nanjing International Finance Center to ARA Asia Dragon Fund, a private real estate fund of ARA Asset Management Limited.
  • Advising RREEF, the real estate and infrastructure investment management arm of Deutsche Bank, on the acquisition of a 50% equity interest in a Zhuhai existing Sino-foreign real estate development joint venture to develop the Zhongzhu Uptown project.
  • Advising venture capital arm of leading chipmaker on various venture capital financing investments relating to China.
  • Advising household name consumer electronics designer and manufacturer on regulatory issues relating to bringing its key products to the China market.
  • Advising ExxonMobil on AML issues in relation to its commercial agreements relating to China.


Hogan Lovells Publications
10 December 2014 "MOFCOM makes public for the first time decisions finding violations of merger control rules."

18 September 2014 "The Brand New Enterprise Information Public Disclosure System - More Transparency or Less?", Hogan Lovells

16 September 2014 "Draft Amendments to China’s Administrative Litigation Law – Slowly Moving Towards Greater Rights for Market Participants?"

15 August 2014 "SAFE Issues Revamped Rules on Round-Tripping Investments by PRC Residents.", Hogan Lovells

14 August 2014 "Beijing Issues Catalogue Banning or Restricting 'New Addition' Projects in Various Industries.", Hogan Lovells

16 June 2014 "Third Party Payment Licences in China - Are They within The Grasp of Foreign Investors?", Hogan Lovells

Spring 2014 "Global Media and Communications Quarterly - Spring 2014." Global Media and Communications Quarterly, Hogan Lovells

15 May 2014 "Clearing the Air on China's New Environmental Protection Law.", Hogan Lovells

22 April 2014 "New Rules Provide a Framework for Shanghai FTZ to Open the Doors on VATS: A Cause for Optimism?", Hogan Lovells

21 April 2014 "Streamlining the Chinese merger control process - further implementing rules issued.", Hogan Lovells

11 April 2014 "Financial Reforms for the Shanghai (Pilot) Free Trade Zone: slowly coming into focus." Corporate China Alert, Hogan Lovells

27 March 2014 "Shanghai FTZ Shows Its Hand on Telecoms Opening Up - Could this be the long-awaited breakthrough in VATS?", Hogan Lovells

24 March 2014 "MOFCOM Signals Merger Policy Shift, With New 'Carrots and Sticks'.", Hogan Lovells LLP

07 March 2014 "New State Secrets Implementing Regulations: More of a Damp Fizzle than a Bang?" Corporate China Alert, Hogan Lovells

WInter 2014 "Winter 2014 | Global Media and Communications Quarterly." Global Media and Communications Quarterly, Hogan Lovells

30 January 2014 "China announces significant amendments to the PRC Company Law: but what is in it for foreign investors?"

29 January 2014 "China Launches Landmark Preference Share Pilot Program.", Hogan Lovells

05 December 2013 "China Seeks to Update its Legislation to Address Burgeoning E-Commerce Market.", Hogan Lovells

20 November 2013 "Shanghai's Pilot Free Trade Zone - new opportunities for foreign investors.", Hogan Lovells

18 October 2013 "NDRC Takes Aim at Anti-Competitive Practices in the Tourism Industry.", Hoganlovells

10 October 2013 "China (Shanghai) Pilot Free Trade Zone - China's Springboard to a Free Market?"

08 October 2013 "China's Latest Drive to Protect Automotive Consumers."

17 September 2013 "NDRC's Antitrust Crackdown Continues and its Scope Broadens."

12 September 2013 "Internet of Things: Innovation with Chinese Characteristics."

20 August 2013 "China Turns up the Heat in the Battle Against Abuses of Personal Data." China Corporate Alert, Hogan Lovells

July 2013 "European and US Sanctions: Extraterritorial hazard for non-EU/US entities.", Hogan Lovells

29 July 2013 "Exclusion Clauses and Disclosure Obligations in Insurance Policies." Corporate China Alert, Hogan Lovells

09 June 2013 "Resale of Mobile Communications Services Back on the Menu in China: But Only a Few Seats at the Table." Corporate China Alert, Hogan Lovells

03 June 2013 "Will the Merger of SARFT and GAPP End The Turf War Over Control over the Internet?" Corporate China Alert, Hogan Lovells

14 May 2013 "Antitrust Enforcement Against Abuse of IPRs and Anti-Competitive Conduct in the High Technology Sector - An Update from China." ACER Alert, Hogan Lovells

09 May 2013 "Recent Developments in Chinese Merger Control - MOFCOM Shifts up a Gear.", Hogan Lovells

06 March 2013 "Antitrust Hangover in the Liquor Industry – Chinese White Liquor Producers Fined for Setting Distributors' Resale Prices." China Alert, Hogan Lovells

03 March 2013 "China Streamlines Foreign Exchange Administrative Procedures to Facilitate Cross-border Investments." China Corporate Alert, Hogan Lovells

18 February 2013 "Chinese SOE unable to extricate itself from US antitrust litigation against vitamin C exporters." China Alert, Hogan Lovells

01 February 2013 "Antitrust Issues Continue Flaring up in China's IT Sector." ACER China Alert, Hogan Lovells

28 January 2013 "Welcome Clarity on Online Sales in China." China Corporate Alert, Hogan Lovells

24 January 2013 "China Relaxes the Rules on Capital Contributions to FIEs to Allow Contribution of Equity Interests." China Alert, Hogan Lovells

08 January 2013 "China to Strengthen Protection of Online Private Information." China Alert, Hogan Lovells

07 January 2013 "Chinese Cartel Busters Impose Record Fines on Foreign LCD Makers.", Hogan Lovells

16 November 2012 "MOFCOM releases details of unconditional clearance decisions since 2008." ACER Alert, Hogan Lovells

28 September 2012 "EU and China Sign Agreement to Deepen Antitrust Cooperation." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

10 September 2012 "Draft Issued for Solicitation of Comments to Revise the State Council Regulations on Internet Information Services." China Newsletter, Hogan Lovells

26 July 2012 "China's New Exit-Entry Law Targets Illegal Foreigners." China Corporate Alert, Hogan Lovells

13 June 2012 "China Alert-New Filing Form to Increase Burden in Chinese Merger Control Process.", Hogan Lovells

24 April 2012 "China Issues New Rules on Outbound Investments by Centrally-administered State-owned Enterprises." China Corporate Alert, Hogan Lovells

12 April 2012 "Beijing Implements New Rules Requiring Real Name Registration On Microblogs: Every Bush And Tree Looks Like An Enemy?" China Corporate Alert, Hogan Lovells

March 2012 "New law on internet services addressing competition and personal information protection." China Alert, Hogan Lovells

January 2012 "China VIE structure for foreign investment under attack from multiple directions."

19 January 2012 "MOFCOM Gets Serious About Unreported M&A Transactions.", Hogan Lovells LLP

14 December 2011 "NDRC Measures on the Investigation of Ex-Factory Prices of Drugs (Trial Implementation).", Hogan Lovells

29 November 2011 "Strong Medicine for Law Breakers - NDRC's First Antitrust Action in the Pharmaceutical Sector under the Anti-Monopoly Law.", Hogan Lovells

24 November 2011 "New Channel Opened for Flowing-back of Overseas Renminbi ("RMB").", Hogan Lovells LLP

18 November 2011 "Three “Firsts” – China’s Merger Control Process Is Moving On.", Hogan Lovells

07 November 2011 "MOFCOM Imposes Divestiture Obligation in Its Approval of Private Equity Transaction.", Hogan Lovells

28 October 2011 "China Resource Tax Reforms to Roll out Nationwide.", Hogan Lovells

06 September 2011 "China Alert-MOFCOM Issues Final Procedures for National Security Review and Significantly Expands the Scope of Review.", Hogan Lovells

28 July 2011 "U.S. and Chinese antitrust agencies sign memorandum of understanding to enhance cooperation." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

25 July 2011 "Global Media and Communications Quarterly, Issue 3: Focus on Cloud Computing." GMC Quarterly, Hogan Lovells

19 July 2011 "The hazy cloud - legal challenges for delivering cloud computing in China." GMC Quarterly, Hogan Lovells

23 June 2011 "Hogan Lovells Antitrust, Competition and Economic Regulation Alert, China - June 2011.", Hogan Lovells

16 June 2011 "Hogan Lovells China Alert - New SAFE Circular Changes the Rules on Company Financings and Round-Tripping Investments via Overseas Special Purpose Companies.", Hogan Lovells

June 2011 "Pilot Programmes of RMB Settlement of Foreign Investment and Financing Start in Shanghai." China Alert, Hogan Lovells

14 March 2011 "MOFCOM releases implementing rules on national security review.", Hogan Lovells

25 February 2011 "China's New National Security Review Procedures for Mergers and Acquisitions Involving Foreign Investors: A New Hurdle for Foreign Investors or China Just Putting Existing Practice To Paper?" China Alert, Hogan Lovells

24 January 2011 "China Corporate Alert - New Foreign-Invested PE Rules Issued in Shanghai - A True Breakthrough or (Another) False Dawn." China Corporate Alert

14 January 2011 "Hogan Lovells Newsflash: MIIT Announces VoIP Rectification Campaign in China.", Hogan Lovells

12 January 2011 "Antitrust, Competition and Economic Regulation E-alert - China: Newly Enacted NDRC and SAIC Rules May Usher In New Anti-Monopoly Enforcement Phase." Antitrust, Competition, and Economic Regulation Alert, Hogan Lovells

21 December 2010 "China Corporate Alert - Regulation of Foreign Representative Offices Further Tightened - But Procedural Certainty Improving.", Hogan Lovells

15 December 2010 "China Corporate Alert - Law on Laws Governing Civil Relations involving Foreign Elements.", Hogan Lovells

15 December 2010 "China Corporate Alert - China liberalizes foreign investment in medical services sector.", Hogan Lovells

02 December 2010 "Life Sciences: Competition and Antitrust Newsletter, Issue 17.", Hogan Lovells

30 November 2010 "China Corporate Alert - New Circular Re-imposes Restrictions on Purchases of Properties in China by Foreign Entities and Individuals - A Sense of Déjà Vu.", Hogan Lovells

02 November 2010 "Projects (Engineering and Construction) Update."

01 May 2010 "Amendments to the People’s Republic of China Insurance Law.", Lovells

29 April 2010 "No EU Privilege for In-House Lawyers." Antitrust Update, Lovells

21 April 2010 "New Rules for Vertical Agreements." Antitrust Update, Lovells

December 2009 "China Opens the Door to Foreign-Invested Partnership Enterprises: A Breakthrough for Foreign Investors?", Hogan Lovells

August 2009 "Medical Device Regime in China.", Hogan Lovells

01 March 2009 "China issues new foreign exchange regulations.", Lovells

01 March 2009 "MOFCOM Issues Foreign Investment Market Entry Administrative Guidance Handbook.", Lovells

Published Works
October 2011 "MOFCOM clears mining merger subject to conditions." IBA Antitrust Newsletter, International Bar Association

09 September 2010 "MOFCOM's Stance On Novartis/Alcon." Law360, Portfolio Media, Inc.

Published Works
  • "Practical China Tax and Finance Strategies: The Chinese AML One Year On", Practical China Tax and Finance Strategies, World Trade Executive, February 2010
  • "One Year On: Merger Review Decisions under the Anti-monopoly Law", International Law Office, January 2010
  • "The Theory and the Reality of China's Insolvency Law Two Years on: Are Government-Driven Restructurings the New Trend?", Journal of Butterworths International Banking and Financial Law, November 2009
  • "The keys to successfully setting up shop in China", Insurance Day, March 2009
  • Co-authored "Insolvency, Liquidator and Dissolution of Enterprises" Doing Business in China, Juris Publishing
  • "New law rolls out - China Anti-Monopoly Law", IFLR, September 2008


PRACTICES
Employment
Real Estate
Mergers and Acquisitions
Commercial
Private Equity/Venture Capital
Infrastructure, Energy, Resources and Projects
Antitrust, Competition and Economic Regulation
INDUSTRY SECTORS
Technology
Telecommunications
Education
Infrastructure
Real Estate
BLOGS
Global Media and Communications Watch
EDUCATION
Law Society Final, London Guildhall University, 1993 CPE, Middlesex University, 1992 B.A., Leeds Metropolitan University, 1987
AWARDS / RANKINGS
  • Chambers Asia Pacific, Real Estate: China-based (International Firms) China 2014 - Band 1
  • Chambers Asia Pacific, Competition/Antitrust (International Firms) China 2014 - Band 3
  • Chambers Asia Pacific, Corporate/M&A: China-based (International Firms) China 2014 - Band 4
  • Legal 500 Asia Pacific, Leading Individual for Real Estate in China 2014
  • Legal 500 Asia Pacific, Leading Individual for Corporate and M&A in China 2014
  • IFLR 1000, Leading Individual for Competition in China 2014
  • IFLR 1000, Leading Individual for Mergers and Acquisitions in China 2014
LANGUAGES Cantonese English French Mandarin Spanish