Harish Salve-ELP-Gagrats team up for $379m Jet-Etihad transaction opposite Amarchand-DLA

Jet Airways
Jet Airways
Senior counsel Harish Salve got stuck into novel transactional law with ELP, Gagrats, Amarchand and DLA.

Airline investments spinning up
Airline investments spinning up

Senior counsel Harish Salve advised alongside law firms Economic Laws Practice (ELP) and Gagrats on the $379m (Rs 2,060 crore) investment by United Arab Emirates’ (UAE) Etihad Airways into Jet Airways.

ELP partners Darshan Upadhaya and Sujjain Talwar acted for Jet with Gagrats partner Rustam Gagrat, and Salve.

Talwar said that it was unusual for senior counsel and law firms to work together on M&A transactions: Salve had been involved in review of documentation and the structuring.

“Harish has been [Jet promoter Naresh] Goyal’s long-standing counsel; Gagrats has been Jet Airways’ solicitors since inception,” said Talwar. “The deal was large and intricate. Just as DLA and Amarchand were needed for Etihad.”

Amarchand fielded Mumbai-based managing partner Cyril Shroff, principal associate Smruti Shah, and competition partner Nisha Uberoi.

DLA Piper London-based partners Jon Hayes and Hamburg-based partner Benjamin Parameswaran advised on non-Indian corporate laws, while London partner Alexandra Kamerling and Cologne-based partner Jan Dreyer assisted on competition aspects.

Jet issued 27.3m new shares to Etihad at Rs 754.74 per share, which will result in the UAE carrier holding 24 per cent of Jet’s share capital.

This is the first acquisition in an existing Indian airline since the government opened up foreign direct investment (FDI) in aviation in September 2012. It was also the first M&A deal in the airline sector that was notified to the Competition Commission of India (CCI) for review, according to a statement from Amarchand. [Reuters]

HSBC, PricewaterhouseCoopers (PwC) acted as financial advisers, while Nathan Associates and Seabury APG LLC acted as competition economists.

The deal was signed yesterday (24 April) and is hoped to close within two months.

Amarchand is also advising Etihad on investing a $150m majority stake into Jet’s frequent flyer program, Jet Privilege, which is expected to be completed in the next six months.

Photo by Kamel Lebtahi

Comments

Not serious 25 Apr 2013, 17:33
+0 -0
While not entirely relevant to this report on lawyers that did this deal, please read this excellent piece of reporting before you choose to fly either Jet or Etihad next time....

http://www.moneycontrol.com/news/business/jet-etihad-deal-why-it-reekscrony-capitalism_859166.html
Magic circle partner 25 Apr 2013, 20:40
+2 -1
Imoressive deal. Full marks to Amarchand Mumbai for being involved on almost every deal that matters in india. Quite stunning . Interesting to see Harish salve on a deal. Milestone deal for aviation .
White Shoe Firm Partner 25 Apr 2013, 21:27
+6 -1
Well if you are indeed a Magic Circle Partner then you should find out the deeper role played by DLA Piper on this role. The hint about the extent of Amarchand's involvement is probably in the fact that no other partner from Amarchand (other than the Managing Partner) was named here and in case you were not invited, Cyril must have been very busy to structure this deal all alone and at the same time organise a family wedding!!
@ Magic Circle Pprtner 26 Apr 2013, 06:35
+0 -0
Shockingly - you got typos in your post! Imposter?
Lewis Lit, senior partne 26 Apr 2013, 10:44
+0 -0
imposter! You got me bro!
it takes one to know one... "impressive" as you put it
Gay Partner 29 Apr 2013, 11:35
+0 -0
Clients please take note- This is the magic circle firm to go for proofreading!
Gay Partner 26 Apr 2013, 05:56
+2 -0
your comment seems to suggest that Cyril Shroff will take a month to structure a deal!
Gay Partner 26 Apr 2013, 06:05
+0 -0
(in response to 2.1)
Lewis Lit, senior partne 26 Apr 2013, 10:45
+0 -0
my mistake! He must have stitched the deal between breakfast and lunch!
Interesting 26 Apr 2013, 07:42
+0 -0
Interesting to see the involvement of senior competition economists and competition lawyers.. this transaction isn't triggering an open offer and there is no acquisition of control by etihad..competition regs ordinarily exempt acquisitions less than 25%..

Kian do we know if the cci has been approached?
guest 6 May 2013, 14:51
+0 -0
what an amazing deal!