Antitrust & Foreign Investment Counsel, Hong Kong SAR
"I advise on all aspects of Hong Kong and Chinese cartel and competition law investigations, as well as competition litigation and Asian/global merger control. I focus on counselling clients through the challenges of Hong Kong’s Competition Ordinance and other Asian competition law regimes."
Education and qualifications
Marcus is a counsel in our Antitrust and Foreign Investment Group, based in Hong Kong. He was named Antitrust Lawyer of the Year (Under 40) by Global Competition Review in 2021.
He has a range of experience based on his work in both Europe and Asia, as well being a former in-house lawyer at the Hong Kong Competition Commission. His focus is assisting clients under investigation under the Hong Kong Competition Ordinance and in Asia Pacific merger control and foreign investment advice.
Marcus has taken a lead in merger control aspects of Asian and global transactions, including advice on transaction structure, handling Chinese merger filings and the coordination of other global multi-jurisdictional filings.
Prior to moving to Asia, Marcus was based in Brussels and worked on a range of global cartel and antitrust matters – including investigations with complex remedy/commitment processes in the EU and China, leniency applications, and multi-national litigation.
He has experience of working with clients in several industries, including the financial services, healthcare, IT, telecommunications, food & beverage, and retail sectors. He regularly supports financial sponsors in their investments across the region.
Marcus has previously spent time on secondment to the firm’s Beijing and Milan offices.
Marcus has been a key adviser in many significant cartel, merger control and abuse of dominance matters. These include advising:
- a respondent in the first enforcement proceedings before the Hong Kong Competition Tribunal and Court of Appeal
- multinational clients on ongoing confidential cartel and antitrust investigations under the Hong Kong Competition Ordinance
- CP Group on the US$10.6bn acquisition of Tesco Thailand and Malaysia
- Advent International on the £1bn acquisition of Laird
- EQT on the multi-jurisdictional merger control aspects of its divestment of Gambro to the healthcare company Baxter International Inc (remedies in EU, US and China)
- Vodafone in relation to various matters including its £1bn recommended offer for of Cable & Wireless Worldwide
- Johnson & Johnson on its US$21bn acquisition of Synthes, including the EU’s Phase 2 investigation and filings in over 15 jurisdictions
- various Asian and global clients in the industrial, retail, healthcare, financial services and private equity sectors on competition law investigations and compliance matters across Asia and the EU
Marcus is recognised among the “Most Highly Regarded” practitioners and celebrated as a “phenomenal competition lawyer” by Who’s Who Legal Competition 2020 - Future Leaders. He is praised by clients in Chambers for his "client-centric approach" and the "commercially sensible advice" he provides and they describe him as a "rising star with a wide breadth of experience". Marcus has also been listed as a “Rising Star” in competition and antitrust in the Expert Guides for two consecutive years and named a “Next Generation Lawyer” by the Legal 500.
He regularly publishes and speaks at major conferences, including on competition law and policy in Asia. His major publications include:
- Marcus Pollard, Kathleen Gooi, Jackie Lau and Joshua Chan, Competition Laws Outside the United States, Third Edition, The American Bar Association, 21 July 2020
- Marcus Pollard and Kathleen Gooi, Getting the Deal Through: Cartel Regulation 2021 – Hong Kong, 10 December 2020
- Marcus Pollard and Kathleen Gooi, "Work in Progress: Hong Kong’s Competition Law Five Years On", Journal of European Competition Law & Practice, 29 September 2020
- Marcus Pollard, "Great Expectations – The First Year of Hong Kong’s Competition Law Enforcement", Journal of European Competition Law & Practice, Volume 8, Issue 2, 25 February 2017
- Getting the Deal Through, Vertical Agreements 2017 – Hong Kong, 2017
- Marcus Pollard, "More than a cookie cutter: the global influence of European competition law", Journal of European Competition Law & Practice, Volume 5, Issue 6, 1 June 2014
Education and qualifications
Marcus studied Law (with Law Studies in Europe) at St John’s College, Oxford University and Leiden University. He holds a LLM in European Law from the College of Europe (Bruges).