Our Team

Luis Alberto Aninat

Partner

+56 2 28872200
laninat@asyc.com
Practice Areas

Commercial Law, Corporate/M&A, Real Estate, zoning and land use regulation, Construction, Projects, Insolvency/Restructuration, Arbitration/ADR.

“Luis A. Aninat is responsive and knowledgeable, with great awareness of the business climate in Chile. He is also very concise, with clear, strong communication skills.” Chambers Global 2017.

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Relevant Experience

Luis A. Aninat is a founding partner of Aninat Schwencke & Cia, and member of the board of the Chilean Bar Association.

During his professional career of more than 20 years, Mr. Aninat has developed his areas of practice, especially in corporate, transactional, regulatory aspects and the settlement of disputes.

In the corporate field, he has represented Chilean and foreign companies and business entities, operating in various sectors of the economy such as commercial sector, financial sector, utilities, natural resources, infrastructure, technology, communications, new businesses and others.

Acting in proceedings for the settlement of disputes, Mr. Aninat has participated, led, coordinated and supervised domestic and international litigation, civil, commercial and regulatory matters, arbitration proceedings, producer responsibility and consumer protection matters, antitrust and competence matters, both in Chile (Santiago and other jurisdictions of the country) and abroad.

In the field of arbitration, he is a member of the arbitrators’ roster of the National Arbitration Center.

In the regulatory area, particularly linked to projects, natural resources and real estate and construction matters, Mr. Aninat has provided advice to a wide range of clients in contentious administrative proceedings, investigations, permits and the procurement of approvals, administrative decisions and their challenge, acting before the Controller General of the Republic, sectorial authorities, the central government and the decentralized departments.

As a complement to his professional advice, Mr. Aninat participates in Directories of various commercial companies, such as Parque del Sendero SpA and its subsidiaries, Leasing Creación S.A., Millward Brown S.A. and Ediciones Giro País SpA.

At the same time, he is a member of the Board of Directors of Fundación Educacional Maria del Refugio, among other non-profit organizations.

Prior to the founding of Aninat Schwencke & Cía., Mr. Aninat exercised his profession in Santiago in Aninat & Cía., a company specialized in private clients -families, individuals and business owners in the management and administration of their assets (2001 – 2005), in Washington, DC as Of Counsel of the Cameron LLP law firm (2001) and in the Ortúzar Aguila and Bulnes Chilean study, a specialist in complex litigation (1995-1998).

Recent Significant Representations

Corporate

  • Assistance to XIO Group (China) on the leveraged buyout of Compo Expert to Triton Partners.
  • Advice to GRUPO Rendic on the restructuring of its financial liabilities and sale of their stake in SMU to CorpGroup.
  • Advice to Morgan Group Inc., Canadian holding company that provides service and technical support in the mining sector, on the negotiation and sale of its Chilean and Peruvian operations to the Australian HE Parts International Group.
  • Advice on the block of shares acquisition of the Parque del Sendero SpA.
  • Advice to United Press International on the reorganization of its liabilities and operation in Chile.
  • Advice to Grupo Creación on the organization and expansion of its non-banking financial businesses.
  • Advice to a local client in the automotive sector concerning the termination of a vehicle franchise and distribution contract with Lifan Motors (China).

Projects and Natural Resources

  • Advice to a private investment fund of the United States on its corporate structuring in Chile and acquisition of relevant assets for the development of five solar power generation parks.
  • Advice to Compañía Minera Colliguay on investment and structuring of its gold mining operation in Region V of the country.
  • Advice to a private investment fund of national capitals on the acquisition of a relevant agricultural share related to agriculture and livestock, forestry, energy and utilities; its conformation, the procurement of administrative authorizations and operation.
  • Advice to different generators in the development of solar and wind power energy projects, and their energy financing and sales contracts.
  • Advice to Mediterráneo S.A. on the acquisition process of a water right in the Manso River, in a public offering carried out by DGA, and the subsequent corporate and financial structuring of the Central Hidroeléctrica Mediterráneo S.A. Project.

Regulatory

  • Advice to Multicaja S.A. before the FNE[1], TDLC[2], SBIF[3] and the Central Bank on its proposal for regulatory changes and interpretations of terms of means of the regulation on payment.
  • Advice to Fitch Ratings Chile Clasificadora de Riesgo Ltda. on the approach of its proposals for the new regulation of the industry placed in consultation by the SVS[4].
  • Advice to Asociación Gremial de Supermercados de Chile, A.G. on the proposal made to the Ministries of Economy and Health in relation to regulatory changes for the authorization of the sale of medicine in their sales areas.
  • Advice and representation of Constructora Norberto Odebrecht on making a bid on the Concesión Autopista Concepción – Cabrero.
  • Representation of Mediterráneo S.A. in the procurement of permits, authorizations and administrative conventions before the DGA, Difrol, SAG, the Comptroller General of the Republic, the Internal Revenue Service of Chile, the General Treasury of the Republic, the Environmental Assessment Service and others.

Judicial

  • Representation of Fitch Ratings Chile Clasificadora de Riesgo Ltda. in administrative investigations and various civil proceedings arising from the La Polar case, with Empresas La Polar S.A., with shareholder groups of that company and with the regulator (SVS).
  • Participation in the representation, in an international arbitration, of Young & Rubicam S.A. (a subsidiary of Grupo WPP, UK), compelled by the violation of non-competition agreements to the detriment of the customer.
  • Advice and permanent representation of several customers who participate in massive trade in proceedings derived from producer responsibility and consumer protection.
  • Representation of Empresa Nacional de Minería (ENAMI) before the TDLC in the suit filed against the customer for dominant position abuse in relation to the application of its Minerals Acquisition Regulation.
  • Participation in the representation of Young & Rubicam, Ogilvy, J. Walter Thompson, Gray S.A., Wunderman Communications before the TDLC, brought by the FNE due to unlawful collusive practices.

[1] FNE = National Economic Prosecutor

[2] TDLC = Unfair Competition Court

[3] SBIF = Superintendence of Banks and Financial Institutions

[4] SVS = Supeintendence of Securities and Insurance

Academic Activities

Currently, Mr. Aninat serves as Assistant and Guest Professor of Commercial Law at the University of Chile Law School.

In addition, he also collaborates in the Professional Skills Masters’ Program in the field of Property Law at the Law School of Universidad Diego Portales and the BOW program of the Economics and Business School of the same University.

Between 2002 and 2005, Mr. Aninat co-taught the International Commercial Contracting course at the Law of Universidad de Chile.

Previously, he was an Assistant at the University of Chile Law School in Civil and Procedural Law courses.

Mr. Aninat has been a permanent contributor to the Jornadas Chilenas de Derecho Comercial and other specialized forums.

Additionally, he has been invited to be a member, beginning in 2016, of the Board of Directors of Corporate Governance Center of the Economics and Business School of Universidad Diego Portales.

Publications
  • “El aprovechamiento de oportunidades de negocios por parte de los directores de una sociedad anónima”, Séptimas Jornadas de Derecho Comercial, Universidad de Concepción, Luis A. Aninat, José Antonio Guzmán, 2016.
  • “Análisis crítico del derecho a retiro en la ley de Sociedades Anónimas”, Sextas Jornadas Chilenas de Derecho Comercial, Universidad Católica de Chile, Luis A. Aninat, José Antonio Guzmán, 2015.
  • Private antitrust litigation in Chile, Getting the Deal Through, Luis A. Aninat, Cristián Banfi, et al., 2014.
  • Merger control in Chile, Latin Lawyer, Luis A. Aninat, Javier Velozo, 2013.
  • “La prohibición de competir en la venta de establecimientos de comercio”, Terceras Jornadas de Derecho Comercial, Universidad de Chile, Luis A. Aninat, Flavio Quezada, 2012.
  • “El deber de lealtad del gerente cesado”, Jornadas Chileno-Uruguayas de Derecho Comercial, Luis A. Aninat, 2011.
  • Además es autor del paper inédito “The distribution of the premium for control in the acquisition of a controlling block of shares”, desarrollado como Visiting Scholar en Columbia University School of Law, New York, Estados Unidos, 2000.
Education
  • Columbia University School of Law, Visiting Scholar, 2001.
  • Columbia University School of Law, New York, LL.M, 2000.
  • Universidad de Chile School of Business and Economics (Diploma in Finance).
  • Universidad de Chile School of Law, 1994, Magna cum laude.
Memberships
  • Member of the board of the Chilean Bar Association.
  • Departamento de Derecho Comercial, Facultad de Derecho de la Universidad de Chile.
  • International Bar Association.
  • Columbia Latin America Business Law Association.
Honors and Awards
  • Presidente de la República Scholarship for Graduate Legal Studies, 1999.
  • Partner Luis Aninat has been distinguished by important international publications as a leading lawyer in the areas of Corporate Law/M&A (Chambers Latin America, Chambers Global); Corporate Law/M&A, Dispute Resolution and Antitrust Law  (Latin Lawyer 250); Corporate Law/M&A (Best Lawyers); Corporate Law/M&A,  Antitrust Law, Dispute Resolution and Real Estate (Legal 500); M&A (IFLR 1000).
  • Recommended Lawyer by the Latin America Corporate Counsel Association (LACCA).lacca_approved_logo_2017 Chambers 2017 LAA  Chambers global LAA    Chambers LA 2016 Top_tier_firms  iflr1000-logo
Languages

Spanish and English.