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Nathan Bush

Partner
Head of Antitrust and Competition, Asia
About

Nathan (Nate) Bush advises clients in internal investigations, government enforcement actions, and compliance matters in Asia. He was based in Beijing from 2004 through 2012, and has covered Asia from Singapore since 2013. Nate pioneered antitrust practice in China, and guides clients through anti-bribery and anticorruption (ABAC) risks in Asia's dynamic markets.

Investigations and Compliance: Nate represents companies and individuals in internal investigations and enforcement actions involving violations of the US Foreign Corrupt Practices Act (FCPA) and other ABAC laws, as well as securities fraud, market misconduct, money laundering, and fraud offenses. He has conducted internal investigations throughout China and Southeast Asia. He advises on compliance program implementation and dawn raids, and compliance aspects of M&A and capital markets transactions.

Antitrust and Competition: Nate advises on antitrust merger notifications, compliance strategies, and enforcement risks under Asia’s evolving competition regimes. He leads innovative multi-jurisdictional approaches to antitrust regulatory inquiries, litigation, and policy advocacy, and represents clients in US merger review and antitrust litigation matters.

Trade, Sanctions, and Export Controls: Nate counsels clients on compliance with economic sanctions and export controls. He has advised clients on US and Chinese trade remedy proceedings, and in a successful WTO challenge to Chinese market access restrictions in the media sector.

He has served as co-chair of Legal and IP Committee of the American Chamber of Commerce in Singapore (2017-2019) and as Legal Committee Chairman (2008) and General Counsel (2009-2011) of the American Chamber of Commerce in China.

EXPERIENCE

Anti-bribery and Anticorruption

  • Conducted internal investigations of potential liability under the US Foreign Corrupt Practices Act (FCPA) and local anticorruption rules involving:
    • 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.
    • marketing and customs clearance practices of a US issuer’s operations in Singapore, China, Indonesia, and Malaysia.

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.

Antitrust and Competition

  • Represented Time Warner in Chinese merger review of its USD85 billion purchase by AT&T.
  • Represented major Asian semiconductor company in multi-jurisdictional opposition to a merger of top two manufacturers of semiconductor fabrication equipment, leading to abandonment of the transaction due to objections from competition authorities.
  • Advised hard-drive manufacturer in obtaining conditional clearance of acquisition of competitor in China.
  • Advised US entertainment company on antitrust and other regulatory issues regarding strategic joint venture with Chinese entertainment company.

International Trade, Sanctions and Export Controls

  • 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.
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, 1998-200


    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 2018 as a leading individual and by Chambers Asia Pacific 2019 in Band 2 in the area of Corporate Investigations/Anti-Corruption - Singapore.
  • Recognized by Chambers Global 2019 for “expertise based abroad” in the area of Competition/Antitrust (International Firms) – China.

Publications

  • “China Competition Law Update,” China Law & Practice (bimonthly column, 2014-2018)
  • Competition Laws Outside the US, ABA Treatise, China Chapter

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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