Participation in privatizations in various countries has constituted an important part of the Firm’s international practice in recent years. The Firm’s experience in this area includes the representation of governmental entities as well as private parties bidding for assets in privatization processes.
The scope of work in cases in which the Firm has acted on behalf of governmental entities has included the following:
- Structuring of the privatization process.
- Drafting of all documents relating to the privatization, including bidding rules, acquisition agreements and related contracts.
- Legal administration of the process, including preparation of responses to comments and questions of bidders.
- Coordination of the activities of the overall privatization team.
With respect to private parties, the Firm’s experience encompasses the full range of activities relating to the privatization process, including:
- Negotiation of concessions, licenses and regulatory framework.
- Analysis of the bidding rules and documents, and preparation of proposed comments and changes.
- Due diligence.
- Negotiation and drafting of agreements among members of the bidding group.
- Negotiation of agreements with lenders for the financing of the acquisition.
Major privatization processes in which the Firm has participated include the following: