Felipe Bahamondez is the partner who leads the Regulated Markets and Antitrust practice group at DLA Piper Chile. He focuses his practice in the diverse areas of Energy, Natural Resources & Natural Gas, as well as, Regulatory Law, Insurance, Antitrust and Corporate Law, having participated in his professional life in transactions, such as, the design and legal implementation of the first gas pipeline in Chile, development and advising of natural gas projects and LNG terminals representing diverse clients, development of energy projects especially Renewable Energies, including solar projects, numerous financing operations, mergers & acquisitions, both on behalf of local and multinational companies. Also, he has advised multiple clients on insurance regulatory issues.
Felipe has a broad experience in regulatory matters and antitrust. National and foreign companies have asked for his counsel on matters related to litigation before the Competition Tribunal (TDLC) for example representing Uber in an antitrust case started by taxi drivers. He also represents clients before the FNE in investigations and merger control procedures. In his role, Bahamondez conducts and plans the best strategies in our clients’ interests.
- Partner, 2000 to date
- Cariola, Diez, Pérez-Cotapos & Cia Ltda., 1994 - 2000
- Inter American Investment Corporation, Inter-American Development Bank, Washington DC, 1993 - 1994
Energy and Natural Resources
- CarbonFree Technology Inc: The Firm has been actively advising the client during all stages of development of photovoltaic power plants, from the due diligence processes in a greenfield stage until the acquisition, execution of the EPC and O&M agreement, and the operation stage of the power plants. We have performed due diligence in over 60 projects, and we have counselled the client in the acquisition of mora than 40 power photovoltaic plants in the last years, many of them are now operating.
- SUSI Partners A.G.: We advised the client, a Swiss energy transition fund that conducts sustainable energy infrastructure investments, in the execution of a Framework Agreement with Biwo Renovables S.A. for the purchase, development, construction, operation and maintenance of a portfolio of power plants, including PV solar and wind power plants, for approximately 243.6 MW in total capacity.
- SUSI Partners AG: Advised the client SUSI Partners AG in the due diligence process for the purchase of a portfolio of four photovoltaic power plants of 36 MW in total, located in the Atacama Region.
- CarbonFree Technology: The Supreme Court dismissed the appeal filed by the Municipality of San Felipe against the judgment of the First Environmental Court, which ruled on the favorable qualification made by the Environmental Assessment Service regarding the project of CarbonFree Technology, Encon Solar.
- BEE SUDAMERICA S.L.: Legal advise in the formalization of a joint venture between Blue Elephant and oEnergy, for the development, construction, financing, debt structuring, operation and maintenance of 12 photovoltaic plants totaling approximately 120 MWp.
- CarbonFree Chile SpA: Advise in the development of photovoltaic projects portfolio in the distributed generation segment.
- Sky Solar Holding Ltd.: Advise in due diligence processes for the acquisition of photovoltaic plants and transmission line and consultation in the negotiation of purchase contracts.
- Agrofruta S.A.: Advise client, an energy consumer, in the transfer from a system of regulated prices to one of free price. Advise on the review and negotiation of contracts signed with Engie and Enel.
- Las Animas Solar Project: Advise in regulatory matters related to a new solar project and review of different legal aspects to put it in a sale stage for investors.
- ENAP: Advise the client in the analysis of the modification to the Natural Gas Supply Contract, and the obligation to declare supply conditions in accordance with national regulations.
- EDF Energies Nouvelles: Assist with due diligence and acquisition of several SPVs of Laberinto Este and Laberinto Oeste solar projects in the north of Chile from Ingenostrum.
- Total/Sunpower: Advise in the due diligence of four solar power plants in the north of Chile owned by Spanish Solventus.
- Pacific Hydro: Design corporate and tax structure for sale of nonstrategic power plant assets.
- Gasoducto GasAndes: Design and implementation of a bid procedure for a gas compressor station.
- Fundación Chile: Assist in the sale of Solar Chile to First Solar Inc. – the first Chilean deal in the solar power industry and the first deal in which a local developer was acquired.
- GNL Quintero: Assist in different regulatory and environmental matters related to the operation of the biggest LNG terminal in Chile, including the expansion on its liquefaction and storage facilities.
- EDF Energies Nouvelles: Assist with all matters related to the energy public bidding process to serve distribution companies.
- Solar Century: Advise regarding several due diligence processes to acquire equity participation in different solar projects and assistance preparing corporate documents for such acquisitions and project development agreements. Advice on EPC and O&M contracts with developers and project companies.
- Origin Energy: Advise regarding all regulatory matters related to the energy public bidding process to serve distribution companies and regarding the structure of the projects.
- Seven Seas Water Corporation: Advise on agreement with a local company to develop desalinization plants to produce industrial water in the north of Chile.
- EDF Energies Nouvelles: Advise in its development of a 140MW solar power plant in the Chile.
- Solar Century: Advise in its development and financing of several solar projects in Chile.
- Solarcentury Chile SpA: Execution of EPC and O&M agreements by the client for Dona Carmen Project (PV Solar Plant) with Energía Cerro El Morado SA.
- Seven Seas Water: Advised the Chilean entities of Seven Seas Water in the execution of a credit agreement under New York Law in the amount of US$205,000,000 with Deutsche Bank AG, New York Branch as issuing bank, Investec Bank PLC, as administrative agent and issuing bank and Deutsche Bank Trust Company Americas, as collateral agent.
- Uber: Defense of Uber Chile SpA and Uber International Holding B.V. before the TDLC in a lawsuit filed by a union of taxi drivers against the clients and other ridesharing app firms.
- American Tower Corporation: Advise client on the purchased of 30,722 telecommunication towers from Telefónica Group in Europe (Germany and Spain) and Latin America (Brazil, Chile, Argentina and Peru).
- Uber - Cornershop: Advise both clients and participated as joint counsel on the acquisition of a majority stake in Cornershop by Uber Technologies, Inc., for a value of USD $456 million - Awarded “Deal of the Year 2021” in the category “private M&A” by Latin Lawyer.
- Zurich: Represented for approval in the merger control procedure before the National Economic Prosecutor’s Office, which allowed a joint venture with Santander Bank for electronic commerce in insurance.
- Shareholders of Cornershop (Chile – Mexico): Represented Cornershop in the merger control procedure, obtaining approval in Phase I.
Legal and Regulatory Risk Management
- Komatsu: Advise on issues related to claims in administrative bids
- BASF: Advise on issues related to public and regulatory bids
- Insurance Company: Advise in the bid process of Penta Seguros Generales.
- UNICEF, 2018
- The Nature Conservancy, 2018
- Círculo Polar, 2019
- Chile (1991)
- The Legal 500 (Public Law 2018 – 2019 – 2021 – 2022, Energy and Natural Resources: Electricity – Oil and Gas 2018 – 2019 – 2021 – 2022, Projects and Infrastructure 2018 – 2019 – 2021 – 2022, Competition and Antitrust 2019 – 2021 – 2022, Data privacy 2021 – 2022)
- IFLR 1000 (Energy 2019 – 2020 – 2021 - 2022, Natural Resources 2019 – 2020 – 2021-2022, Capital Markets 2019 – 2020 – 2021, Banking 2019 – 2020 – 2021, Financial Services Regulatory 2019 – 2020 – 2021, Restructuring and Insolvency 2019 – 2020 – 2021, M&A 2019 – 2020 – 2021 - 2022)
- Best Lawyers® (Corporate and M&A 2019 – 2020 – 2021 – 2022, Energy 2019 – 2020 – 2021 – 2022, Natural Resources 2019 – 2020 – 2021 – 2022, Oil and Gas Law 2022)
- Latin Lawyer 250 (Energy 2019 – 2020 – Highly Recommended 2021 - 2022, Antitrust – competition 2019 – 2020 – Highly Recommended 2021 - 2022)
- Leaders League (Merger Control – Recommended 2020 – 2021 – Highly Recommended 2022, Competition Antitrust & Investigations – Recommended 2021, Innovation, Technology and Telecoms: Telecommunications law – Highly Recommended 2021 - 2022, Intellectual Property: Technology – Highly Recommended 2021 - 2022)
- Latin Lawyer National (Energy 2019 – 2020, Antitrust – Competition 2019- 2020)
- Spanish and English
- Law, School of Law, Universidad de Chile, summa cum laude, 1988
- Master of Laws (LL.M.), School of Law, Harvard University, 1993 (Fulbright Scholarship)
- Diploma in Regulation and Antitrust, Faculty of Economics, Universidad de Chile, 2008
- Diploma in Environmental Management, Faculty of Physical and Mathematical Sciences, Universidad de Chile, 2010
- Professor of Commercial Law, School of Law, Pontificia Universidad Católica de Chile, 2000 – 2012
- Lecturer in the Master’s Course in Corporate Law, School of Law, Pontificia Universidad Católica de Chile, 2000 – 2018
- Diplomate Director Environment and Sustainability, 2012 to date
- Chilean Bar Association
- American Bar Association (“ABA”)
- International Bar Association (“IBA”)
- “The Preference of Claims in Bankruptcy”, Editorial Jurídica de Chile, 1993
- “Open Access System and Natural Gas Market in Chile”, Administrative and Economic Law Gazette, Volume III/Nº1-January – June, 2001
- “The role of Lawyers in Companies’ Purchase Due Diligence Procedures”, Chilean Law Gazette, Vol. 29 Nº 3, 2002
- “Vertical Integration in the Natural Gas Market in Chile”, Administrative and Economic Law Gazette, Vol. Nº 2, 2003
- “The Boundaries of International Arbitration: Thoughts on Public order and Arbitrability”, Minutes of the II Symposium in Corporate Law, Pontificia Universidad Católica de Chile, 2006
- “Outstanding Rulings 2006”, Libertad y Desarrollo Institute, Santiago, 2007
- “Outstanding Rulings 2007”, Libertad y Desarrollo Institute, Santiago, 2008
- “Outstanding Rulings 2008”, Libertad y Desarrollo Institute, Santiago, 2009
- Getting the Deal Through, Gas Regulation, 2011 – 2012 – 2013
- Getting the Deal Through, Public Procurement 2019
- Getting the Deal Through, Renewable Energy 2020
- SUSI Partners invests in Chile renewables portfolio (Leaders League - November 3, 2021)
- SUSI Partners A.G.’s Execution of a Framework Agreement with Biwo Renovables S.A. (Global Legal Chronicle - November 2, 2021)
- TDLC rechaza demanda de taxistas contra Uber, Easy Taxi y Cabify por conductas abusivas (El Diario Financiero - March 17, 2021)
- Venta de Cornershop a Uber sortea la valla de la FNE y solo resta la aprobación de México (Pulso – May 30, 2020)
- Webinar Natural Gas in Chile, 2018
- Exposition “Las Energías Renovables en Chile”, UC Certificate, 2019