Farid Fauzi Nasution

Farid Fauzi Nasution

 

Prior to joining AHP in 2016, Farid worked at the Indonesian Competition Commission (KPPU) for more than 7 years. He was the head of Prosecution Division and then the head of Merger and Acquisition sub-directorate.

During his time at KPPU, he also led the drafting of the Indonesian Merger Regulation and the first KPPU Merger Guidelines. He then spent 5 years in another prominent law firm in Indonesia, specializing in anti-trust/competition, trade and general corporate.

Since 2016, he is an Instructor of Competition and Trade Law class at the Indonesian Institute of Corporate Directorship. He was also a Competition Law Lecturer at Sahid University.

Farid has acted for many prominent clients in merger filings, competition litigation, advisory and competition compliance. He has deep experience in many sectors, including telecommunication, pharmaceutical, automotive, motorcycle, energy and mining, oil and gas, banking and finance, insurance and public procurement.

As a trade lawyer, he is also advising clients in various trade aspects, including public procurement, import, retails, standardization, and ASEAN free trade agreements.

He is currently representing, among others, Yamaha Indonesia and Danone against KPPU’s allegation of anti-competitive conducts

 

Qualifications

·        Bachelor in politics, Padjadjaran University (2000)

·        LL.B., Padjadjaran University (2002)

·        LL.M. Vrije Universiteit, the Netherlands (2006)

·        Licensed to practice law as an advocate by the Indonesian Bar Association (Peradi)

·        Certified Public Procurement Expert, the National Certification Professional Board.

 

Memberships / Directorships

·        The Head of Education and Training, Indonesian Competition Lawyers Association (ICLA);

·        The Secretary General of ASEAN Competition Institute;

 

Awards

·        StuNed Scholarship: Full scholarship for completing the Master Degree (2005)

·        Jobst von Wohlert Award: Scholarship for undertaking a Training in International Transcation Course (2007)

 

Publications

·        Chambers Global Practice Guide – Cartels, Indonesian Chapter, Co-author,2019

·        Getting the Deal Through Market Intelligence – Cartels, Indonesian Chapter, Co-author, 2018

·        Getting the Deal Through Market Intelligence – Merger Control, Indonesian Chapter, Co-author, 2018

·        “Merestorasi Fungsi Administratif KPPU” (Restoring the Administrative Function of KPPU),  Bisnis Indonesia, 28 November 2017

·        "Competition in the Asia-Pacific: A Practitioner's Guide - Indonesia Chapter", with Mochamad Fachri, Kluwer International, 2015

·        "2014 Annual Review of Antitrust Law Developments", contributor for Indonesian chapter, American Bar Association, 2014

·        "2013 Annual Review of Antitrust Law Development", contributor for Indonesian chapter, American Bar Association, 2013

·        "Pengendalian Merger di Indonesia dalam Perspektif Hukum Persaingan Usaha" (Indonesian Merger Control from the Competition Law Perspective), with AM Tri Anggraini, Jurnal Hukum Bisnis, Vol. 30, No. 3, 2011

·        “Kartel dan Problematikanya” (Cartel and Its Problem), with Retno Wiranti, “Kompetisi” KPPU Newsletter, 11th Edition, 2008

·        “Kiat Memahami Putusan KPPU” (Method to Understanding KPPU Decisions), www.hukumonline.com as per October 6, 2008

·        “Peranan Analisis Ekonomi Dalam Pembuktian Pelanggaran Hukum Persaingan Usaha” (The Role of Economic Analysis in Proving Competition Law Violation), “Kompetisi” KPPU Newsletter, 10th Edition, 2008

·        “Tinjauan Hukum Atas Sanksi Denda KPPU” (Legal Review on KPPU’s Sanction of Fine), “Kompetisi” KPPU Newsletter, 9th Edition, 2007

·        “Perjanjian Distribusi Menurut Hukum Persaingan Usaha” (Distribution Agreement According to Competition Law), Jurnal Hukum Bisnis, Vol. 26, No. 2, 2007

·        “Hukum Persaingan Usaha: Perlindungan Bagi Siapa?” (Competition Law: Protection for Whom?), “Pledoi” Magazine No 10, Vol 1, 2007

·        “Teknik Investigasi di KPPU” (Investigation Technique at KPPU), “Kompetisi” KPPU Newsletter, 3rd Edition, 2006

 

Notable Cases & Transactions

Competition Litigation and Investigation

·        Represented the Japfa Group as the defendant in the late merger filing case before KPPU.

·        Represented the Danone Group as the defendant in the exclusive dealing case before KPPU and in the appeal process before District Courts.

·        Represented Yamaha Indonesia Motor Manufactuing as the defendant in the cartel case before KPPU, in the appeal process before the North Jakarta District Court and in the cassation process in the Supreme Court.

·        Represented Worley Parson Group as the defendant in the bid-rigging case before KPPU, in the appeal process in the South Jakarta District Court and in the cassation process in the Supreme Court.

·        Represented the Pfizer Group in the anti-hypertension drug cartel case before the Central Jakarta District Court and in the cassation process in the Supreme Court.

·        Acted as KPPU investigator in the cartel case in the national cement industry.

·        Acted as KPPU investigator in the abuse of dominant position case by one of the multinational retail companies.

·        Acted as KPPU investigator in the fuel surcharge cartel case in the domestic airline industry.

·        Acted as KPPU investigator in the refusal to deal case in the pay-tv industry.

·        Acted as KPPU investigator in the bid-rigging case in the ICT infrastructure construction at the National University of Jakarta.

·        Acted as KPPU investigator in the bid-rigging case in the road development project in the city of Cilacap.

·        Acted as KPPU investigator in the SMS price-fixing case by several mobile phone operators.

·        Acted as KPPU investigator in the cross-ownership and monopolization case in the leading mobile phone operators.

·        Acted as KPPU investigator in the bid-rigging case in the procurement of shore-base management for the LNG Tangguh project.

·        Acted as KPPU investigator in the bid-rigging case in the procurement of furniture at LAN Makassar.

·        Acted as KPPU investigator in the bid-rigging case in the cable works for PLN.

·        Acted as KPPU investigator in the bid-rigging case in the procurement of medical devices at RSUD Bekasi.

·        Acted as KPPU investigator in the cartel case in the technical verification process for imported sugar.

·        Acted as KPPU investigator in the bid-rigging case in the sale of Pertamina’s VLCC.

·        Acted as KPPU investigator in the refusal to deal case in the financial audit services.

·        Acted as KPPU investigator in the price-fixing case in the cargo freight for Jakarta – Pontianak route.

 

Merger Control Filing

·        Represented the Go-Jek Group in KPPU merger filing in relation to the acquisition of Nadi Pos.

·        Represented Mitsui & Co in KPPU merger filing in relation to the acquisition of Maersk Product Tankers A/S.

·        Represented PT Kreatif Media Karya in KPPU merger filing in relation to the acquisition of PT Kapan Lagi Dot Com.

·        Represented the Go-Jek Group in KPPU merger filing in relation to the acquisition of RUMA.

·        Represented the Go-Jek Group in KPPU merger filing in relation to the acquisition of Midtrans.

·        Represented the Go-Jek Group in KPPU merger filing in relation to the acquisition of Kartuku.

·        Represented Sritex in KPPU merger filing in relation to the acquisition of Biratex Industries.

·        Represented Sritex in KPPU merger filing in relation to the acquisition of Primayudha Mandirijaya.

·        Represented Indika Energy in KPPU merger filing in relation to the acquisition of Kideco Kaya Agung.

·        Represented Nokia in KPPU merger filing in relation to the acquisition of Comptel.

·        Represented Sojizt Corporation in KPPU merger filing in relation to the acquisition of Solvadis Holding.

·        Represented the EMTEK Group in KPPU merger filing in relation to the acquisition of Sinemart.

·        Represented Tehcnip SA in KPPU merger filing in relation to the acquisition of FMC Tehcnologies.

·        Represented GE in KPPU merger filing in relation to the acquisition of Alstom.

·        Represented Repsol in KPPU merger filing in relation to the acquisition of Talisman Energy.

·        Represented Mitsubishi in KPPU merger filing in relation to the acquisition of MMKI.

·        Represented the Rajawali Group in KPPU merger filing in relation to the acquisition of BW Plantation.

·        Represented Hino Motor in KPPU merger filing in relation to the acquisition of PT Hino Finance Indonesia.

·        Represented Hitachi Consulting in KPPU merger filing in relation to the acquisition of Stone Apple Solutions.

·        Represented Microsoft in KPPU merger filing in relation to the acquisition of Nokia Device Business.

·        Represented Sumitomo Life Insurance Companies in KPPU merger filing in relation to the acquisition of BNI Life.

·        Represented Meiji Yasuda Life Insurance Companies in KPPU merger filing in relation to the acquisition of Avrist Assurance.

·        Represented Freeport McMoran Copper and Gold in KPPU merger filing in relation to the acquisition of OM Group.

·        Represented PT Energi Mega Persada in KPPU merger filing in relation to the acquisition of CNOOC ONWJ.

·        Represented Mitsui Sumitomo Insurance in KPPU merger filing in relation to the acquisition of PT Asuransi Jiwa Sinar Mas.

·        Represented Caterpillar in KPPU merger filing in relation to the acquisition of Bucyrus Inc.

·        Represented POSCO in KPPU merger filing in relation to the acquisition of Thainox Stainless Steel Public Company.

·        Represented Vale Austria Holding in KPPU merger filing in relation to the acquisition of Eastern Star Resources.

·        Represented AXA SA in KPPU merger filing in relation to the acquisition of PT Asuransi Dharma Bangsa.

·        Acted as KPPU merger control reviewer on the acquisition of GE Finance Indonesia by Meadow Asia Bank Permata.

·        Acted as KPPU merger control reviewer on the acquisition of PT Pandu Dayatama Patria by PT Komatsu.

·        Acted as KPPU merger control reviewer on the acquisition of PT Matahari Department Store by Meadow Asia Company.

·        Acted as KPPU merger control reviewer on the acquisition of AIA Group by Prudential Plc.

·        Acted as KPPU merger control reviewer on the acquisition of Sara Lee Body Care by Unilever Holding.

·        Acted as KPPU merger control reviewer on the acquisition of Bank Agroniaga by BRI.

 

 

 

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