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Tanel Kalaus

Partner, Head of the TRINITI Dispute Resolution Group

Fields of practice

Tanel focuses on dispute resolution, but also provides general advice and deals with transactions. Of the various areas of the law, Tanel specialises mainly in Estonian and European Union competition law (including the provision and use of state aid), but also in company law. In addition, he is extensively involved in the fields of energy and infrastructure, and the retail and wholesale of pharmaceuticals, as well as the provision of a guarantee agent service

Professional experience

2018-… Partner at TRINITI Estonia
2015-2018 Partner at Attorney at Law, Jesse & Kalaus Attorneys
2000–2015 Attorney at Law at Law Office Raidla Lejins & Norcous
2003 spring Visiting lawyer at Roschier, Attorneys Ltd.
1997–2000 Lawyer at AS Magnum Medical ja AS Magnum Grupp
1997 summer Desk officer at the consular department of the Ministry of Foreign Affairs

Over the years, Tanel has acted as the lead legal advisor in several large-scale competition law cases related to M&A transactions across the region, he has dealt with complex merger control issues, has been the team leader in numerous legal due diligences and has participated in several high profile IPOs

Tanel is one of the best competition law solicitors in Estonia who, in addition to handling various disputes and advising on transactions, has conducted numerous analyses of Estonian and European Union competition law, including the provision of state aid (including large-scale competition law audits), and has participated in the development and assessment of various draft laws

Tanel has also advised clients in a number of significant company legal disputes, in particular regarding the rights and obligations of minority shareholders

  • Representing clients during several compensation claims for damages or unjust enrichment disputes which were related to the abuse of a dominant position (both on the part of the injured party and the dominant undertaking), such as the cases of Elisa vs Elion and Starman vs Elion
  • Advising KredEx on various state aid issues, including the preparation and submission of state aid notifications to the European Commission and managing communications with the European Commission
  • Advising the governmental authority of the city of Tallinn on various state aid issues, including aid measures which are related to the corona pandemic in terms of preparing state aid notifications and submitting them to the European Commission
  • Advising the Estonian Tyre Association in connection with criminal proceedings concerning an anti-competitive agreement which is aimed at boycotting certain undertakings
  • Ensuring protection for Nordecon and its employee in connection with an attempt to conclude an alleged anti-competitive agreement in a public procurement process
  • Ensuring protection for Prisma Peremarketi AS and its employee, both out of court and in court in connection with the so-called ‘vodka cartel’ criminal proceedings
  • Providing representation for Stora Enso in connection with the obtaining of approval from  the Competition Authority for the complex merger between Stora Enso and Sylvester
  • Advising several clients in challenging merger prohibition decisions in an administrative court, including in Estonia’s first similar proceedings
  • Providing representation for the private limited company, Krivest, and members of its management board in several disputes with a minority shareholder which have led to the significant development of company law practice
  • Providing representation for a state-owned company in large-scale litigation case which concerned an alleged transfer of a company
  • Participation in the formulation of the renewable energy subsidy scheme which was provided for in the Electricity Market Act, and obtaining the European Commission’s permit to secure state aid for this purpose, as well as to advise several clients in connection with applying for the respective subsidies and in communications and challenge procedures with Elering AS, which decides on the allocation of subsidies
  • Taking a leading role as an external legal advisor in the preparation of initial public auctions (IPOs) regarding the shares of AS Tallinna Vesi and AS Tallink Grupp

Tanel is highly regarded as a recognised expert by the world’s leading legal market review publications, such as Chambers Europe and Legal500. Tanel has spoken at several Estonian and international seminars, and has co-authored a good many international legal collections and articles

Professional membership

Member of the Competition Law Committee of the Estonian Bar Association since 2015

Member of the Estonian Bar Association since 2001

Publications

  • Publications issued by Law Business Research Ltd (Merger Control, Vertical Agreements ja Dominance from the series Getting the Deal Through), co-author of the Estonian chapters, 2012-2014
  • Publications issued by Sweet & Maxwell (Leniency Regimes), co-author of the Estonian chapters, 2012-2013
  • Kalaus, Tanel (2013). Corruption does not concern me. Or does it? Focus, 4, 8-9
  • Campbell, D. (editor). „International Banking. Law & Regulation“, Oceana; Oxford University Press, co-author of the Estonian chapter, 2010-2014

Education

University of Cambridge, Master of Laws (LL.M.), 2002

Universiti of Tartu, Faculty of Law, cum laude, 2000

Languages

Estonian is Tanel’s mother tongue and he is also fluent in English. He also speaks Russian

Extra-curricular

Tanel has been playing football for years