White & Case
  Iker I. Arriola
Partner
Mexico City

T: + 52 55 5540 9625
F: + 52 55 5540 9699
E:
Practice Experience
Iker Arriola's practice has focused on infrastructure projects, bank and corporate finance and capital markets, mergers and acquisitions, corporate litigation, financial restructuring and bankruptcy, and antitrust matters.

Mr. Arriola has significant experience advising the Mexican operations of global pharmaceutical companies on a wide variety of legal issues, including mergers and acquisitions and day-to-day legal needs.

During 2001 and 2002, Mr. Arriola worked in the Brussels office of White & Case, where he attended to a number of antitrust and trade matters in the European Union, Latin America and Eastern Europe, as well as to EU regulatory issues in sectors like energy, transportation, data protection, pharmaceutical, health and financial services. Mr. Arriola also participated in litigation before the European Courts in Luxembourg.

With respect to representative and recent M&A transactions, Mr. Arriola participated in the following deals:
  • Represented GMR Infrastructure Ltd. in the largest-ever acquisition of a global energy utility by an Indian company. GMR, which has holdings in energy, airports, highways and urban infrastructure, agreed to purchase a 50 percent stake in the global power generation company InterGen N.V. for US$1.1 billion. InterGen holds beneficial interests in 12 generation assets in five countries with 6,231 MWs of capacity, four of them in Mexico totaling 2,211 MWs, with a total enterprise value in excess of US$7 billion at the time of the signing.
  • Acted as Mexican counsel for Pfizer in its sale to KKR of Pfizer's Capsugel business. Capsugel is the world leader in hard capsules and an innovator in drug-delivery systems.
  • Represented The Coca-Cola Company (KO) and Coca Cola Femsa, S.A.B. de C.V. (KOF) in their acquisition of Jugos del Valle, S.A.B. de C.V., Mexico's and Brazil's largest producer of non-carbonated beverages. The acquisition was made by means of a public tender offer at the Mexican Stock Exchange by Administración, S.A.P.I. de C.V. (a special purpose entity incorporated by KO and KOF), for a total amount of approximately US$500 million, minus any relevant debt.
  • Acted as project counsel in connection with the "CasaFlex" joint-venture, entered into by Controladora Garcíavelez, S.A.P.I. de C.V. and Constructora ICA, S.A. de C.V. The joint venture will build, with its own technology, personalized pre-made houses using three-dimensional and multi-functional concrete modules that will include basic plumbing installations and wiring and allow for quick growth of each house. The first production facility will be located in the industrial park at Atitalaquia, in the State of Hidalgo, Mexico, with an approximate investment of US$30 million and a production capacity, during the first stage, of 8,000 houses per year.
  • Acted on behalf of Kansas City Southern in its purchase of controlling interest in TFM, S.A. de C.V. (TFM having now become Kansas City Southern, S.A. de C.V.) from Grupo TMM, S.A. in accordance with the terms of the Amended and Restated Acquisition Agreement. As a result, KCS owns all of the common stock of Grupo Transportación Ferroviaria Mexicana, S.A. de C.V. and controls all of the shares of TFM that are entitled to full voting rights.
  • Represented the minority shareholders of the Universidad del Valle de México in Laureate Inc.'s consolidation of its investment in the said university.
  • Represented Blue Marine Technologies in its recent joint venture with Subsea 7.
  • Represented a trust fund of a prestigious U.S. university in its equity investment in a certain Mexican financial institution with multiple purposes.
  • Represented the founding shareholders of a major Mexican tequila company regarding a major global spirits distributor's equity investment and acquisition of control of the said tequila company.
  • Represented Deutsche Bank in its equity investment in Fincasa and its joint venture with Grupo Financiero Ixe. Fincasa is a leading Mexican mortgage origination entity.
  • Advised KoSa, a subsidiary of Koch Industries, in its US$4.1 billion acquisition of DuPont's worldwide polyester business.
  • Represented Consorcio Comex, Mexico's largest paint manufacturer, in its joint venture with Lafarge Gypsum International, S.A. for the manufacture and commercialization of gypsum boards in Mexico.
  • Represented Principal Financial Group (Principal) in the acquisition from HSBC of the Mexican pension fund Afore HSBC for a price of MXN 2,360 billion (approximately US$198 million).
  • Represented Chocolates Turín a leading Mexican group operating since 1928 in the consumer and food service/gourmet markets in Mexico, as well as in 25 other countries, in a comprehensive transaction with Barry Callebaut consisting of Chocolates Turín's sale of a production facility to Barry Callebaut and the execution of a long-term outsourcing contract pursuant to which Barry Callebaut will supply and deliver all of Turín's liquid chocolate demand directly to Turín's manufacturing facilities.
  • Represented Quaker Chemical Corporation, a leading global provider of process chemicals, chemical specialties, services, and technical expertise to a wide range of industries, in its purchase of the remaining ownership interest in its Mexican affiliate, TecniQuimia Mexicana.
  • Represented the Original Shareholders of Tequilera Milagro (Milagro) in connection with three subsequent transfers of stock to William Grant & Sons (WGS) to facilitate WGS's full consolidation of its investment in Milagro.

Concerning banking and capital markets transactions, the following are the most recent and significant transactions in which he has participated:
  • Kansas City Southern de México, S.A. de C.V. (KCSM) on its US$100 million Credit Agreement, and various financial institutions headed by The Bank of Nova Scotia and Banc of America Securities LLC, as joint lead arrangers and joint bookrunners, the agreement having been secured with locomotives, cars and rolling stock.
  • Financiera Independencia; IPO. Advised Financiera Independencia on its IPO in Mexico and a 144A, Reg S private offering in the United States.
  • Banco Industrial de Guatemala; IPO. Advised Banco Industrial de Guatemala on an IPO in Mexico and a 144A, Reg S private offering in the United States. This operation was made public but postponed due to market conditions.
  • Kansas City Southern; Notes. Advised, since 2005, Kansas City Southern de Mexico, S.A. de C.V., a subsidiary of Kansas City Southern, on more than five offerings of senior notes under Rule 144A, Reg S.
  • Financiera Independencia; Notes. Advised Financiera Independencia on its 2010 offering of senior notes under Rule 144A, Reg S.
  • Financiera Independencia; HSBC. Advised Financiera Independencia and certain of its controlling shareholders on HSBC Overseas Holdings (UK) Limited's divestiture of 19.99 percent of FINDEP's capital stock. The transaction consisted of a combination of private purchase and sale agreements along with the amortization of shares in the public market.
  • Financiera Independencia; Eton Park. Advised Financiera Independencia and certain of its controlling shareholders on Eton Park's investment in Financiera Independencia's equity and on the issuance of warrants in favor of Eton Park.
  • Financiera Independencia; CEBURS. Advised Financiera Independencia on the issuance of notes (CEBURS) in the Mexican market under a registered program.
  • Hipotecaria Crédito y Casa. Advised Hipotecaria Crédito y Casa, the third largest mortgage originator in Mexico, on its orderly liquidation process, including the restructuring and payment in kind of its domestic market publicly-traded notes.
  • Kansas City Southern de Mexico, S.A. de C.V. (KCSM). Advised KCSM on its US$106 million Credit Agreement with various financial institutions led by BBVA Bancomer and Banc of America Securities LLC, as joint lead arrangers and joint bookrunners.
  • AB SVENSK EXPORTKREDIT (SEK), a Swedish export credit corporation. Advised SEK in connection with the negotiation of a term loan facility agreement of US$200 million granted to Volvo Treasury Mexico, S. de R.L. de C.V.
  • Consorcio Comex, S.A. de C.V., a leading Mexican paint manufacturer. Advised Consorcio Comex with its collateralized debt restructuring of approximately US$480 million in debt held by six Mexican banks (BBVA Bancomer, S.A., Banco Nacional de México, S.A., HSBC México, S.A., Scotiabank Inverlat, S.A., Santander Mexicano, S.A. and Banco Multiva, S.A.). Loan proceeds will be used to pay existing debt and for working capital purposes.

Concerning infrastructure projects, he has recently been very active and has participated in several major deals, for example, in the following:
  • Represented Boeing Satellite Systems International, Inc. (Boeing) in all matters related to the direct award and negotiation of the Acquisition Contract pursuant to which Boeing will procure for Mexico the new Mexican satellite system, to be comprised of three "Fourth Generation" satellites to be launched in 2012, 2013 and 2014, as well as the system's ground stations. The Acquisition Contract had a value of approximately US$1 billion.
  • Acted as Mexican counsel for Tokyo Gas Co., Ltd. in its joint venture with Mitsui & Co. Ltd for the acquisition from Gas Natural of five independent power projects and a gas pipeline located in Mexico.
  • Represented Blue Marine Technology, S.A. de C.V. (Blue Marine) in the negotiation of a joint venture with Subsea 7 B.V. for the operation of "life on field services" including the maintenance and repair of subsea and topside facilities and other maritime construction, and of maritime and port service technologies.
  • Represented Kansas City Southern de México, S.A. de C.V. in its US$100 million Credit Agreement, and various financial institutions headed by The Bank of Nova Scotia and Banc of America Securities LLC, as joint lead arrangers and joint bookrunners, the agreement having been secured with locomotives, cars and rolling stock.
  • Represented WestLB AG, New York Branch in its US$115 million senior structured and secured loan to Blue Marine for the acquisition of two oil tankers to be thereafter leased to PEMEX-Refinación.
  • Acted as co-advisor of the consortium formed by Korea Water Resources Corporation, Samsung Engineering, Techint, Samsung C&T in Corporation, and Construcciones y Pavimentaciones VISE in connection with a certain International Public Bid call by the Mexican Water Commission for the award of a concession to build, operate and maintain the Aqueduct El Zapotillo-Los Altos in Mexico.

In connection with antitrust matters, has acted as competition counsel in a wide variety of representative mergers and acquisitions in several sectors and industries, including pharma, household/consumer products, soft drinks, transportation, energy, banking and telecom. Mr. Arriola is also currently advising companies involved in several cartel investigations, including cases built around leniency applications.

Among other positions on boards of directors, Iker Arriola is a board member of Deutsche Bank Mexico, S.A. and Deutsche Bank Securities Mexico, S.A. de C.V., and the secretary of the board of Financiera Independencia, S.A.B., SOFOM, ENR, one of Mexico's largest microcredit lenders and a publicly traded company.

Bars and Courts
Authorized to practice law in Mexico

Education
LLM, EU Law, Universidad Complutense de Madrid, 2001
Attorney at Law (Abogado), Universidad Iberoamericana, with Honors, 1998

Professional Associations and Memberships
Mexican Bar Association

Awards and Recognition
Listed in the following ranking publications as one of Mexico's leading lawyers in various legal fields:

Chambers: Banking & Finance, Corporate/M&A
Best Lawyers International: Banking & Finance, Corporate/M&A
PLC Which Lawyer?: Banking & Finance, Corporate/M&A
Global Competition Review: Antitrust
IFLR1000: M&A
Who's Who Legal: Antitrust
Expansión: 30 Promesas en los 30 (2012)

Publications
2002, 2003 and 2004 Data Protection Surveys published by White & Case, LLP; Mr. Arriola was responsible for the Spanish chapter.
"Antitrust Practice and Their Sanctions in the EU and the USA: a Brief Comparison," Global, Apuntes Jurídicos, Año 6, No. 5 (Revista Anual del Consejo Latinoamericano de Estudiosos del Derecho Internacional y Comparado).
"Overview of the Mexican financial framework" for Complinet (Co-author).
"Overview of the Mexican legal framework to prevent money-laundering" for Complinet (Co-author).
"Overview of the Mexican Insurance System" for Complinet (Co-author).
"Antitrust sanctions and advocacy" for the "Inter-American Dialogues" of Latin America Advisor.
Responsible for the Mexican chapter and other Latin American jurisdictions for White & Case's "Worldwide Antitrust Merger Notification Requirements." 
"Mexico Antitrust Reform: Bleak Outlook," Latin Business Chronicle, Apr. 22, 2010.
Participated in The World Justice Project's 2009 group of experts concerning rule of law and human rights in Mexico.

Conferences
Speaker at the seminar organized by the Mexican Competition Commission to discuss the Leniency Program Guidelines in March 2010.
Speaker at the Antitrust Seminar organized by White & Case in Mexico City in February 2008.
Speaker at the conference organized by the Mexican Stock Exchange concerning the development and advocacy of principles in the Mexican securities industry in November 2007.
Speaker at the Antitrust Seminar organized by White & Case in Tokyo in September 2011.
Invited by the Mexican Competition Commission as a Non-Governmental Advisor to the 2011 International Competition Network Cartel Workshop.

Academic Activities
Former Professor of Civil Law at Universidad Iberoamericana, A.C.

Languages
Spanish
English

Citizenship
Mexico
Spain