AHP is pleased to announce a significant victory for our client in the SANY competition litigation matter, following a successful appeal before the Jakarta Commercial Court.
On 23 July 2026, the Panel of Judges of Jakarta Commercial Court issued a decision granting the appeals filed by the SANY entities (Court Decision) and annulling the Indonesia Competition Commission's (KPPU) Decision No. 18/KPPU-L/2024 in its entirety (KPPU Decision).
The case involved administrative fines exceeding IDR400 billion, representing the largest penalties ever imposed by the KPPU on companies within the same group and making it one of the most significant competition law cases in recent years. As a result of the Court Decision, all findings and sanctions imposed under the KPPU Decision were overturned.
The Court Decision was principally grounded on procedural due process considerations. The court found that the KPPU had failed to adequately consider the evidence and arguments submitted by the SANY appellants and, consequently, had not upheld the fundamental principle of audi et alteram partem, namely the right of each party to be properly heard before a decision is rendered. The court therefore concluded that the KPPU Decision was procedurally defective and should be annulled.
The SANY appellants challenged both the procedural and substantive aspects of the KPPU Decision. However, having found the procedural objections to be well-founded, the court considered it unnecessary to examine the substantive competition law issues raised in the appeal and annulled the KPPU Decision on procedural grounds alone.
Based on the court's oral pronouncement, and pending formal service of the written Court Decision, the decision represents a significant milestone in the proceedings and an important outcome for our client.
AHP's Competition & Antitrust team had the privilege of representing the client throughout the proceedings. The team addressed both procedural and substantive competition law issues, including the re-examination of key experts and factual witnesses before the Commercial Court. Throughout the case, AHP advanced the client's position that the dispute was commercial in nature and did not constitute a breach of Indonesian competition law. The matter highlights the importance of procedural fairness and robust advocacy in complex competition law proceedings.
We thank our client for its continued trust and confidence and look forward to supporting its ongoing business activities in Indonesia.
The case was led by Partners HMBC Rikrik Rizkiyana and Vovo Iswanto, with support from Senior Associate Berla Wahyu Pratama and Associates Muhammad Ridha Thanthawi and Muhammad Rafiif Reynaldi. Our Foreign Counsel, Dawn Zhou, was also involved in the matter, facilitating communications with the client.
Competition law enforcement is essential to maintaining competitive markets. Equally essential is ensuring that enforcement actions are carried out in accordance with fundamental principles of due process. This decision reinforces the importance of fairness as a cornerstone of Indonesia's competition law regime.
This transaction further reflects AHP's longstanding commitment to supporting Chinese investment in Indonesia. Through our China Desk, led by Eko Basyuni, Co-Head of Corporate/M&A practice, and Dawn Zhou, Foreign Counsel and a Chinese-speaking lawyer qualified in China, we regularly advise Chinese investors on a wide range of contentious and non-contentious matters. Through our China Desk, led by Eko Basyuni, Co-Head of Corporate/M&A practice, and Dawn Zhou, Foreign Counsel and a Chinese-speaking lawyer qualified in China, we regularly advise Chinese investors on a wide range of contentious and non-contentious matters. By combining local expertise with Chinese language capabilities and a strong understanding of Chinese business culture, we help clients execute investments and conduct business in Indonesia with confidence.
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