Berla Wahyu Pratama

Berla Wahyu Pratama

Berla main area of practice is competition and antitrust law. He also has experience in procurement arena and holds two procurement expert certificates. 
 
He built an impressive career from 2007 to 2013 at the Commission for Supervision of Business Competition (KPPU) as an investigator and litigator, and handled many competition cases (cartel, abuse of dominant position, monopoly practices, merger and acquisition, bid rigging and exclusive dealing). He played a prominent role in KPPU’s leading case, such as the SMS (Short Messages Service) cartel, abuse of dominant position by PT Carrefour Indonesia, cooking oil cartel, fuel surcharge price fixing by several airlines and among others.  
 
After serving at KPPU for 6 years, he joined one of prominent law firms in Jakarta and handled many competition law matters, such as merger and acquisition and exclusive dealing. Right before joining AHP in 2016, he worked at PT Bank Mandiri (Persero) Tbk. as Senior Legal Manager. He assisted and advised business units on competition law issues. 
 
With his deep understanding of competition law and case handling procedure gained from his experience, he has enriched the AHP competition team especially in developing strategy to deal with investigation and litigation process under KPPU. 
 
Berla also actively participated in several international and national workshops and trainings related to competition law matters. He also wrote numerous articles related to competition law.
 
His passion in competition and procurement law, then encouraged him to play prominent roles in a number of related organizations, namely Board of Expert of the ASEAN Competition Institute (ACI), Procurement Lawyer Association (APPI), and the Institutional Cooperation Division of the Indonesian Competition Lawyer Association (ICLA), where he serves as Vice Chairman. 
 

Qualifications 

  • LLB, University of Sultan Agung, Semarang (2005)
  • LLM, University of Indonesia (2012)
  • Licensed to practice law as an advocate by the Indonesian Bar Association (PERADI)
  • Certified Public Procurement Expert by National Public Procurement Agency (Lembaga Kebijakan Pengadaan Barang/Jasa Pemerintah – LKPP)
  • Certified Procurement Lawyer (CPL) by International Federation of Purchasing and Supply Management (IFPSM).

Memberships / Directorships

Vice Chairman of the Institutional Cooperation Division of the Indonesian Competition Lawyer Association (ICLA).
  • A Member of Board of Expert of the ASEAN Competition Institute (ACI). 
  • A Member of Indonesia Procurement Lawyer Association (APPI).

Publications

  • “Monopolistic Practices in Airport Taxi Service Throughout Indonesia (Case Study: Hang Nadim Airport)”, Business Competition Journal (KPPU) (2009).
  • “The Procedures of Case Handling are More Transparent with Commission Regulation Number 1 Year 2010”, 22nd edition of Competition Magazine (KPPU) (2010).

Professional Certification

  • Certified Public Procurement Expert, National Public Procurement Agency (Lembaga Kebijakan Pengadaan Barang/Jasa Pemerintah – LKPP). 
  • Certified Procurement Lawyer (CPL), International Federation of Purchasing and Supply Management (IFPSM). 

Notable Cases & Transactions

Competition & Antitrust Litigation

  • Representing PT Austasia Stockfeed and PT Santosa Agrindo to appeal against KPPU’s Decision No. 10/KPPU-I/2015 in the District Court of Central Jakarta and Supreme Court related to allegation violation Article 11 and 19 point c Law No. 5/1999 regarding trade of import cattle in Jabodetabek. 
  • Representing PT Japfa Comfeed Indonesia, Tbk. to appeal against KPPU’s Decision No. 02/KPPU-I/2016 in the District Court of South Jakarta and Supreme Court related to allegation violation Article 11 Law No. 5/1999 regarding arrangement the production of broiler chicken in Indonesia. 
  • Representing PT Yamaha Indonesia Motor Manufacturing before KPPU in the process of examination/hearing related to allegation violation Article 5 paragraph (1) Law No. 5/1999 in the motorcycle industry. 
  • Representing PT Yamaha Indonesia Motor Manufacturing to appeal against KPPU’s Decision No. 04/KPPU-I/2016 in the District Court of North Jakarta and Supreme Court related to allegation violation Article 5 paragraph (1) Law No. 5/1999 regarding price fixing in the motorcycle industry. 
  • Representing PT Tirta Investama (Danone Group) before KPPU in the process of investigation and examination/hearing related to allegation of abuse of dominant position in the bottled drinking water industry. 
  • Representing PT Tirta Investama (Danone Group) to appeal against KPPU’s Decision No. 04/KPPU-I/2016 in the District Court of South Jakarta and Supreme Court related to allegation of abuse of dominant position in the bottled drinking water industry. 
  • Assisting one of the largest multinational pharmacy company in the KPPU’s investigation process related to allegation of abuse of dominant position in the pharmacy industry.  

Competition & Antitrust Advisory

  • Advising one of the largest multinational pharmaceutical company from competition law perspective in relation with appointment of local pharmaceutical manufacturer in Indonesia.
  • Advising one of the largest multinational movie exhibition company from competition law perspective in relation with the exclusive dealing in cinema leasing space.
  • Advising the Indonesian state owned company from competition law perspective in relation with direct appointment of its subsidiary.
  • Assisting one of the largest multinational electric company to review the Distributorship Agreement between the company and reseller.
  • Advising one of the largest multinational pharmacy company from competition law perspective in relation with appointment of new distributor product in Indonesia.
  • Advising one of the largest multinational agricultural company from competition law perspective in relation with seed subsidy pricing.
  • Advising one of the largest multinational automotive component company regarding Leniency Program under Indonesian Competition Law. 
  • Advising one of the largest multinational oil and gas company from competition law perspective in relation with interlocking directorate issue in several affiliated companies.
  • Advising one of the largest Indonesian state owned Bank from competition law perspective regarding cooperation plan in terms of the using of e-money platform between Indonesian state owned Bank (as the principal) and other Banks (as the issuer). 
  • Advising one of the largest Indonesian state owned Bank from competition law perspective regarding Master Bancassurance Agreement. 
  • Advising one of Indonesian infrastructure telecomunication company from competition law perspective in related to acquisition transaction. 
  • Advising one of the largest multinational food and beverage company from competition law perspective regarding meeting plan. 
  • Advising one of the largest Indonesian multi-finance company from competition law perspective in relation to the merger transaction. 
  • Advising Indonesian oil and gas company from competition law perspective in relation with the proposed acquisition transaction. 
  • Advising one of the largest multinational cement company from competition law perspective relating to the cooperation plan. 

Competition & Antitrust Merger Notification

  • Assisting and representing PT Asahi Indofood Beverage to submit notification to KPPU in relation to the acquisition of PT Pepsi Cola Beverage by PT Asahi Indofood Beverage. 
  • Assisting and representing PT Indofood Asahi Sukses Beverage to submit notification to KPPU in relation to the acquisition of PT Buana Distrindo by PT Indofood Asahi Sukses Beverage. 
  • Assisting and representing PT Bank Mandiri (Persero) Tbk. to submit notification to KPPU in relation to the acquisition of PT Asuransi Jiwa Inhealth Indonesia. 

Procurement 

  • Advising PT Garuda Indonesia (Pesero) Tbk on direct appointment of PT GMF Aeroasia Tbk related to strategic partnership cooperation.
  • Advising one of the Indonesian state owned plantation company regarding tender process.
 

 

MEMBERS