Luciano Cruz

Practice Areas

Civil and Commercial law; Capital markets transactions (including IPOs, stock and bond issues); Antitrust; Purchase, sale and financing of companies; and development and construction of projects, mainly in energy and real estate.

Career

Partner at Arteaga | Gorziglia. Cleary Gottlieb Steen & Hamilton, New York (2006-2007). Professor of Civil Law and Theory of Law at the Law School of the Pontificia Universidad Católica de Chile, since 2009 and member of the Law School Council (2017-2018). Founding member of the Chilean Association of Energy Law and Regulation (ADEREN).

Professional Memberships

Member of the International Bar Association (IBA) and Officer of the Power Law Committee (2023-2024). Member of the Chilean Bar Association.

Personal

Master of Laws (LL.M) Duke University, USA (2006). Law graduate from the Pontificia Universidad Católica de Chile (2000).

Work Highlights

- Advised Engie Energía Chile S.A. in the acquisition of 3 wind farms located in Chiloé Island, Los Lagos Region, for 250 MW, including the approval of this transaction by the antitrust authority.

- Advised the electricity distribution company Sociedad Austral de Electricidad S.A. ("SAESA") in the acquisition from Enel Chile S.A., of the Chilean listed company Enel Transmisión Chile S.A. for an amount of USD $1,350 MM, including the approval of this transaction by the antitrust authority and the execution of a tender offer.

- Advised Amanecer Solar in a financing with Sumitomo Mitsui Banking Corporation, as Administrative Agent, and Banco Santander S.A., MUFG Bank Ltd. and Sumitomo Mitsui Banking Corporation, as Joint Lead Arrangers, for approximately USD$200 MM.

- Advised a highway concessionaire in the purchase process of a portfolio of highways in operation.

- Advised Sumitomo Chemical on the sale of the Pace business unit to Agrofresh, a world leader in the post-harvest solutions space.

- Counsel to DPP Holding Chile SpA and the Chilean Association of Renewable Energies and Storage - Asociación Gremial-Acera A.G. before the Tribunal de Defensa de la Libre Competencia (Antitrust Court), in the file of Regulatory Recommendation ERN-27-2021 regarding the stabilized price mechanism for small generators (PMGD and PMG) of Supreme Decree No. 88 of the Ministry of Energy.

- Advised Global Power Generation Chile (GPG) on the financing and construction of the San Pedro solar plant for an amount of USD $103 million, and the Cabo Leones II wind farm for an amount of USD $231 million (USD $217 million in financing plus USD $14 million in VAT).

- Advised Global Power Generation in the acquisition, development, financing and construction of a portfolio of eleven (11) PMGD projects, for more than 57 MW. The financing was for USD $47MM plus a VAT line of USD $8.8MM.

- Advised China Southern Power Grid International (CSGI), in its participation in a consortium for the operation and execution of the HVDC Kimal - Lo Aguirre Transmission Line Project (1,500 Km and 2,000 MW of capacity), for an amount of USD $1,500 MM.

- Advised Sunco Capital in the development and subsequent sale of PMGD projects for more than 80MW.

- Advised AES Andes in the acquisition and development of the following wind farms: San Matías (80 MW), Mesamavida (63 MW), Los Olmos (110 MW), Rinconada (260 MW), Campo Lindo (65 MW).

- Advised Parque Arauco in the acquisition of the Puerto Nuevo commercial complex in the city of Antofagasta, in northern Chile, which includes residential and commercial properties.

Languages Spoken

Spanish, English