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 (Court for the Defense of Free Competition), 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 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.

-Advised Arauco Express in the acquisition of El Peñón strip center.

-Advised Arauco Express in the acquisition of a shopping center from Banmerchant in Antofagasta.

-Advised Parque Arauco in the bidding process and subsequent acquisition of an operational shopping center in Santiago, owned by Falabella, one of the largest retail operators in the industry.

-Advised Parque Arauco in the acquisition of the Buenaventura Outlet shopping center.

-Advised Parque Arauco in the incorporation and subsequent operation of Arauco Express, a subsidiary that develops and operates stripcenters throughout Chile.

-Advised Acciona in obtaining VAT financing for the construction of a 196 MW solar plant.

-Advised Grupo Saesa in the acquisition of the Cabo Leones Transmission Line, of more than 100 kilometers.

-Advised SunEdison in the development, construction and financing of several photovoltaic projects for more than 410 MWp throughout Chile.

-Advised Enel Green Power in the acquisition of the projects "Parque Eólico Talinay Oriente", "Parque Eólico Talinay Poniente" and "Valle de los Vientos", for more than 240 MW.

-Advised Parque Arauco in the acquisition of the shopping center "Buenaventura Premium Outlet Mall" and real estate due diligence.

-Advised Enel Green Power for the award of the first public land tender for the development of a wind farm project of approximately 99 MW in northern Chile, valued at USD$203 MM.

-Advised Campanario Generación (Southern Cross Group) in the construction, financing and operation of the Campanario thermoelectric power plant (220 MW) (today Central Yungay).

-Advised AES Gener (now Aes Andes) in the execution of construction contracts for the Angamos (460 MW), Campiche (270 MW), Nueva Ventanas (270 MW), Guacolda Unit 5 (150 MW) thermoelectric power plants, and ancillary works for the control of particulate matter and other emissions.

-Advised GNL Mejillones S.A., in the construction, operation and financing of an LNG terminal and regasification plant in the Antofagasta Region, Chile. This project involved an investment of more than US$750 MM, including a port, regasification plant and onshore storage tank.

Languages Spoken

Spanish, English

Awards