Global MVNO Practice
Baker & McKenzie has unrivalled experience in mobile virtual network operator (MVNO) and related transactions and the ability to put together dedicated teams to deliver this expertise in a business-focused way.
We are exceptional in having 11 partners who have direct experience of MVNO deals across four continents. We pride ourselves on the way we utilize our global experience for our clients’ benefit and the deal teams we put together have full access to the experience and documentation of all the MVNO and telecoms experts.
How We Can Help
Pre-negotiation
- Initial views on regulatory and competition issues
- Structuring the deal (e.g. whether by joint venture or simple service agreement)
- Tax structuring issues
- Confidentiality agreements and control of information flow with potential carrier partners
- Project managing the legal process of competitive tendering or parallel negotiation, if any
- Drafting and negotiating any MoU
Regulatory
Advising on the telecommunications regulatory issues affecting MVNOs, including whether a license would be required from the telecoms regulator and in respect of number portability, reporting, fraud and other obligations
Competition and Antitrust
Advising on the antitrust law implications of any exclusivity or similar arrangements
Substantive MNVO Agreements
Advising on the terms and conditions of the MVNO or other reseller agreement with the relevant carrier, including:
- Drafting/reviewing the agreement
- Advising in relation to all terms, but critically in relation to the extent of the parties' obligations, payment terms, remedies and liability, control of change and exit
- Participating in and leading, to the extent necessary, negotiation meetings and project managing the legal stream and document production
Portal and M-commerce
We would advise in relation to the establishment of any related portal, including:
- Agreements for the acquisition of content
- Trademark and branding issues
- Content regulation/advertising restrictions
- Agreements with an ISP/portal host
- Site sponsorship agreements/banner agreements
- Agreements with m-commerce partners, including royalty and revenue-sharing agreements
- The formation of online contracts with customer
- Data privacy and encryption issues
Roaming/Interconnect
Advising either on roaming provisions in the MVNO agreement or on separate agreements with other mobile or fixed telcos
CRM and Related Services
Assisting with agreements between the MVNO and other major service providers for billing, CRM, logistics, distribution, etc.
Finance
Advising on agreements with external providers of finance or on financing arrangements between the MVNO parties
Schedules
In relation to all agreements for services, we would advise on structuring the technical and other schedules and ensuring their conformity with the terms and conditions of the agreements
Corporate Issues
Advising on the formation and share structure of any corporate vehicle, such as a joint venture "newco," including issues of control, voting and future investment and divestment
Tax
Advising on the tax structuring issues, including as to the best location for any corporate vehicle
International
We would project manage our colleagues throughout our global firm: our role would be to provide a seamless service to ensure a smooth roll-out of MVNO services internationally
Other
Other legal issues on an ad hoc basis – for example, employment and service contracts with key staff, property/co-location agreements and litigation/dispute resolution