Antitrust and competition in Indonesia

ABNR Counsellors at Law

ABNR Counsellors at Law has demonstrable experience across the full range of antitrust law matters and is well-placed to collaborate with leading international firms, such as Freshfields Bruckhaus Deringer, on cross-border mandates across Asia and Europe. With notable expertise in the commodities, consumer goods, TMT, pharmaceutical and e-commerce sectors, the practice advises on cartel investigations, dominant position and merger control issues, as well as regulatory compliance work and litigation. In the last year, the team boosted its client roster, including Warner Bros and Magna International, among others. Chandrawati Dewi, who acts for domestic and multinational clients on merger control issues, jointly leads the practice alongside Gustaaf Reerink, who is a Dutch-qualified competition law expert. Noted for his expertise in the TMT sector, Agus Ahadi Deradjat focuses on antitrust matters and is another key contact in the team.

Practice head(s):

Chandrawati Dewi; Gustaaf Reerink

Other key lawyers:

Agus Ahadi Deradjat; Bilal Anwari

Testimonials

‘Quick and practical handling of filing.’

‘Gustaaf Reerink has a good understanding of the global merger control process and ability to take this into account for the Indonesian process. Smooth handling of filing preparation and notification process.’

‘The team is led by Gustaaf Reerink, who has a top-tier global competition law practice. He strongly leads the team with global standard and at the same time, maintain the strength as a local law firm, where each of the lawyers can effectively communicate with the competition law authority (KPPU).’

Key clients

Government of Singapore Investment Corporation (GIC)

Private Limited

DSV A/S

B&C Group

Magna International Inc.

CEME S.p.A.

IMCD

Warner Bros. Discovery, Inc.

Eagle Nice (International) Holdings Limited

Assegaf Hamzah & Partners

Praised as the ‘go-to firm for merger filings in Indonesia’, Assegaf Hamzah & Partners acts for clients on a wide range of matters, from general competition and compliance issues, to cartel investigations and merger notifications. Key work highlights include assisting in the submission of an acquisition notification to the Indonesian Competition Commission (KPPU) by a subsidiary of Sinopec, and supporting Sinochem throughout the entirety of the merger control process. The practice regularly collaborates with the firm’s disputes team to handle competition litigation, as well as the corporate group to advise on compliance issues with Indonesia’s antitrust regime. HMBC Rikrik Rizkiyana leads the team and has considerable experience advising on high-end merger clearances in Indonesia, while Farid Nasution, who previously worked at the KPPU, is noted for his expertise in merger filings and competition disputes.

Practice head(s):

HMBC Rikrik Rizkiyana; Farid Nasution

Other key lawyers:

Asep Ridwan; Vovo Iswanto; Albert Boy Situmorang

Testimonials

‘Assegaf Hamzah have a fantastic competition law practice. They are the go-to firm for merger filings in Indonesia.’

‘Vovo Iswanto is a great competition lawyer. He is excellently versed in all aspects of Indonesian competition law and will provide very smooth guidance through a merger review in Indonesia.’

‘They are very knowledgeable of their jurisdiction’s law and regulator and are very responsive and collegial.’

Key clients

PT Unilever Indonesia Tbk.

PT Tirta Investama (Danone Indonesia)

PT Yamaha Motor Manufacturing Indonesia

PT Toyota Motor Manufacturing Indonesia

General Atlantic Singapore RG Pte. Ltd

PT Meratus Line

PT Salam Pacific Indonesia Lines

PT Semen Indonesia (Persero) Tbk.

China Petroleum & Chemical Corporation

Work highlights

  • Advised on a notification to the KPPU for the acquisition of Amur Gas Chemical Complex LLC by SOIHL Hong Kong Holding Limited.
  • Advised on a notification to the KPPU for the shares acquisition of MTS System Corporation by way of merger with Moon Merger Sub Corporation, a wholly-owned subsidiary of Amphenol Corporation.
  • Advised on a notification to the KPPU for the shares acquisition of UD Trucks Corporation by Isuzu Motors Limited.

Hiswara Bunjamin & Tandjung in association with Herbert Smith Freehills

Counting multinational corporations, including Hitachi, Honda and Iron Mountain, to name a few, among its key roster of clients, Hiswara Bunjamin & Tandjung in association with Herbert Smith Freehills is well-placed to leverage Herbert Smith Freehills LLP’s international footprint to advise on the competition aspects of high-end M&A transactions. Noted for her expertise in the telecoms sector, Sakurayuki leads the team and acts for high-profile clients on merger control matters, while senior associate Randitya Adiguna advises clients across the hospitality, technology, media, and telecoms sectors on competition matters. Key work highlights include advising Kansai Electric on the competition aspects of a joint venture with Medco Power, as well as Elsewedy on the acquisition of shares in CG Power Systems.

Practice head(s):

Sakurayuki

Other key lawyers:

Randitya Adiguna

Testimonials

‘The team is very helpful, knowledgeable and understands the needs of clients.’

Key clients

Medco Energy

Kansai Electric

Elsewedy Electric

Iron Mountain

Honda

Hitachi

Nippon Yusen Kabushiki Kaisha

Kobe Steel

Work highlights

  • Advised Kansai Electric on competition law aspects of its joint venture with Medco Power Indonesia, in respect of Medco’s Gas IPP (Independent Power Producer) and O&M business in Indonesia, involving the acquisition of multiple operating companies
  • Advised Elsewedy on its first power transformer manufacturing facility in Southeast Asia, acquiring 95% of the shares in CG Power Systems Indonesia from the CG Group (CG Power Systems Belgium NV).
  • Assisted Honda Motor Co. and Hitachi in their merger control filing to Indonesia’s Competition Commission (KPPU) in relation to the merger of their respective subsidiaries (Keihin Corporation, Nissin Kogyo Co., Ltd,, SHOWA Corporation and Hitachi Automotive Systems).

Walalangi & Partners in association with Nishimura & Asahi

Walalangi & Partners in association with Nishimura & Asahi advises its client roster on various antitrust issues, including the compliance aspects of commercial agreements, encompassing cartels, dominant positions, exchange of information, pricing policies, business integration, and rebates and territorial division analysis. Led by Miriam Andreta, the team acted for Mitsubishi Lease & Finance Company Limited on the Indonesian merger control aspects of its $2.8bn with Hitachi Capital Corporation. Founding partner Luky Walalangi, who advises on merger control issues and anti-dumping investigations, is another key member of the practice, alongside associates Rainer Faustine Jonathan and Putri Bening Larasati.

Practice head(s):

Miriam Andreta

Other key lawyers:

Luky Walalangi; Rainer Faustine Jonathan; Putri Bening Larasati

Key clients

Cool Japan Fund

DeClout

Denso Corporation

Dhost Telekomunikasi Nusantara, PT

Diamond Development Indonesia, PT

Essex Bio – Technology Limited

Family Mart Co., Ltd

GS Yuasa Corporation

Haseko Corporation

Hitachi Transport System, Ltd

Hokkan Holdings Corporation

Idemitsu Kosan, Co., Ltd

INPEX

Itochu Corporation

Junhe Law Office

Kobelco Group

List Holdings Singapore Pte., Ltd

Lotte Co., Ltd

Macallan Capital

Marubeni Corporation

Mitbana Corporation

Mitbana Jurong Pte., Ltd

Mitsubishi Corporation

Mitsubishi UFJ Lease & Finance

Mitsui & Co., Ltd

Mistui Energy Trading Singapore

Misuit Indonesia, PT

Mizuho Bank, Ltd

MUFG Bank

Nippon Steel Corporation

Orient Corp.

Osaka Steel Corporation

Otsuka Holdings Co., Ltd.

PING AN

Resona Bank, Japan

Resona Indonesia Finance, PT

Roblox

Saint-Gobain Indonesia subsidiaries

Secom Co., Ltd

Showa Denko

Showa Leasing Co., Ltd

SMBC Nikko Securities Inc.

Squire Patton Boggs Singapore LLP

TIS Inc.

Tokyo Gas Corporation

Tokyo Tatemono

Toyota Tsusho Corporation

TREC, PT

TTLR, PT

Yamaha Motor, Co., Ltd.

Yamaha Music Indonesia, PT

Work highlights

  • Acting as counsel to Mitsubishi UFJ Lease & Finance Company, Limited (MUL) on Indonesian merger-related issues with Hitachi Capital Corporation (HC), including on its merger control preparation in Indonesia.
  • Acting as counsel to a Japanese consumer credit supplier Orient Corporation in the post-merger acquisition process following the acquisition of a majority interest in an Indonesian finance company PT. Mizuho Balimor Finance from Mizuho Bank.
  • Acting as counsel to a French group company in its analysis of mandatory post-acquisition report to the Indonesian Business Competition Supervisory Commission, Komisi Pengawas Persaingan Usaha.

Hadiputranto, Hadinoto & Partners, a member firm of Baker McKenzie

Hadiputranto, Hadinoto & Partners, a member firm of Baker McKenzie boasts an impressive roster of clients, with demonstrable experience across the financial services, consumer goods, retail and manufacturing sectors. The team advises on merger filings before the KPPU, and acts for clients on the competition law aspects of transactions, including joint ventures, distributorship arrangements and supply arrangements, as well as compliance reviews. Wimbanu Widyatmoko, who has experience in major anti-monopoly and merger clearance cases, jointly leads the team alongside Mochamad Fachri, who acts for clients on merger control matters before the KPPU. Dyah Paramita joined the team from Hogan Lovells in association with Dewi Negara Fachri & Partners in August 2022 and is noted for her expertise in cartel investigations and merger control filings, as well as antitrust and competition litigation.

Practice head(s):

Wimbanu Widyatmoko; Mochamad Fachri

Other key lawyers:

Dyah Paramita

Key clients

PT Bank Syariah Indonesia Tbk

CK Hutchison Holdings Ltd.

Paccor International Holdings S.à.r.l.

Work highlights

  • Represented Bank Syariah Indonesia in submitting a merger notification to the KPPU concerning the merger between the Syariah units of the three leading Government-owned banks, Bank BRI Syariah, BNI Syariah and Bank Syariah Mandiri.
  • Represented CK Hutchison Holdings Limited (“CKHH”) and PT Hutchison 3 Indonesia (“H3I”) in relation to the Merger between PT Indosat Tbk. (“Indosat”) and H3I.
  • Successfully represented Paccor International Holdings S.à.r.l. in filing a merger notification to the KPPU regarding its acquisition of Miko Pak NV, the packaging division of Miko N.V. of Belgium.

Hanafiah Ponggawa & Partners – Dentons HPRP

Hanafiah Ponggawa & Partners – Dentons HPRP acts for corpoate clients on compliance matters relating to anti-monopoly issues following an acquisition, and is well-placed to leverage the firm’s international footprint to advise on the competition law aspects of cross-border transactions. The practice also assists clients who receive warnings from regulators for incomplete anti-monopoly reports, and reducing the subsequent sanctions. Practice leader Sartono advises on competition litigation and is closely supported by senior associate Egaputra Novia. Maurice Maulana Situmorang, who is praised as ‘outstanding’, is another key member of the team.

Practice head(s):

Sartono

Other key lawyers:

Egaputra Novia; Constant M. Ponggawa; Linna Simamora; Danny Sinaga; Gading Sanyjaya; Timothy Joseph Inkiriwang; Fabian Buddy Pascoal; Andre Rahadian; Maurice Maulana Situmorang

Testimonials

‘Maurice Maulana Situmorang was the main partner in charge of the merger filing case. His team was highly organised and systematic as one team. I do not hesitate to say that Maurice is an outstanding partner who can lead a team for the best result.’

‘I felt that the entire team were extremely flexible and interpersonal.’

Key clients

KL-Kepong Plantation Holdings Sdn. Bhd, (KLKPH)

Taiko Plantations Pte. Ltd.

PT KLK Dumai (KLKD)

Kuala Lumpur Kepong Berhad (KLK)

Emerald SPV Co., Ltd

Perkumpulan Produsen Pemanis Indonesia

 

Work highlights

  • Assisted in lowering the penalty for late submission of post-acquisition notifications to 12% of the maximum possible IDR 100 billion.
  • Assisted in lowering the penalty for late submission of post-acquisition notifications to 5% of the maximum possible ISR 25 billion.
  • Applied for safeguard measures against sugar imports.

Hogan Lovells in association with Dewi Negara Fachri & Partners

Hogan Lovells in association with Dewi Negara Fachri & Partners acts for domestic and international clients across the energy, oil and gas, TMT and pharmaceutical sectors on a range of competition and antitrust matters, often involving cross-jurisdictional elements, with demonstrable experience before the KPPU. Following the departure of senior associate Dyah Paramita to Hadiputranto, Hadinoto & Partners, a member firm of Baker McKenzie in August 2022, Chalid Heyder solely leads the team and is noted for his expertise in antitrust and competition litigation.

Practice head(s):

Chalid Heyder

Testimonials

‘Good local knowledge and expertise.’

Makarim & Taira S.

Managing partner Lia Alizia leads the antitrust and competition team at Makarim & Taira S. and acts for clients across the insurance, industrials and manufacturing, aviation and shipping sectors. The practice has demonstrable experience in submitting merger filings and notifications to the KPPU, in addition to advising on local asset transfers and acquisition-related matters. On account of its strong connections with Drew & Napier LLC in Singapore and Shearn Delamore & Co in Malaysia, the team is well-placed to assist on cross-border antitrust and competition mandates. Associate Budhy Apriastuti Evita, who advises clients on merger filings, is another key member of the group.

Practice head(s):

Lia Alizia

Other key lawyers:

Budhy Apriastuti Evita

Key clients

Arthur J. Gallagher & Co.

Clariant (Philippines) Corp.

Cravath, Swaine & Moore LLP

DRAEGERWERK AG & CO. KGAA / PT Draeger Medical Indonesia / PT Draegerindo Jaya

Work highlights

  • Assisted a global insurance brokerage and risk management firm in its USD3.25 billion acquisition of the treaty reinsurance brokerage operations.

Soemadipradja & Taher

Soemadipradja & Taher acts for domestic and international clients on merger filings and regulatory matters, with demonstrable capability in competition litigation, and regularly appears before the KPPU. As part of the Allen & Gledhill LLP network, the team is well-placed to advise on the competition law aspects of cross-border transactions. Ardian Deny Sidharta, who acts for clients across the energy and manufacturing sectors on antitrust cases, jointly leads the team alongside senior associate Verry Iskander, who has previous experience as a senior investigator at the KPPU.

Practice head(s):

Ardian Deny Sidharta; Verry Iskander

Other key lawyers:

Oene Marseille

Testimonials

‘S&T are a great team in Indonesia.’

‘Oene Marseille is an outstanding competition lawyer who gives clear, practical advice to help clients navigate the intricacies of the Indonesian regulatory regimes.’

‘The team knows the complexity of the case and how to deal with relevant authorities.’

Key clients

Intertek Group

S.F. Holding Co.

Byggfakta Group

PT Astra Honda Motor

Uranium One Holdings

Coca-Cola European Partners

Work highlights

  • Advised on the closing of Intertek Group’s acquisition of multinational assurance company SAI Global.
  • Advised S.F. Holding Co. on the Indonesian competition law aspects affecting a transaction, including compliance with Indonesian competition and antitrust laws, translated corporate documents, and assisted in the post-notification merger filing procedure.
  • Assisted Byggfakta Group in the finalisation of the notification documents, to be submitted to KPPU and delivering a presentation on such transaction/notification.

SSEK Law Firm

SSEK Law Firm’ competition and anti-monopoly practice regularly collaborates with the firm’s M&A team in securing approvals from the KPPU in relation to acquisitions, as well as advising clients on potential vertical restraints in agreements, namely distribution agreements. Counting Procter & Gamble, GlaxoSmithKline and Yamaha Motor among its key roster of clients, the practice is also noted for its capability in handling civil and criminal antitrust litigation matters. Founding partner Ira A. Eddymurthy leads the team and Michael Carl is noted for his expertise in assisting clients with merger filings before the KPPU.

Practice head(s):

Ira A. Eddymurthy

Other key lawyers:

Michael Carl; Stephen Igor Warokka; Juven Renaldi

Key clients

GlaxoSmithKline

Nissan Indonesia

Grab Inc.

Procter & Gamble

Yamaha Motor

Pigments Spain

Restaurant Brands Asia Limited

Siam Cement

Work highlights

  • Successfully defended PT Yamaha Indonesia Motor Manufacturing against a price-fixing lawsuit.
  • Advised on competition and antitrust issues surrounding the sale by American private equity firm Lone Star Funds of its interest in a global chemical manufacturing group to global investment firm Carlyle.