Anastasia Pritahayu R.D.

Anastasia Pritahayu R.D.

As a senior economist in our competition law practice, Anastasia advises on high-profile and multi-jurisdictional matters with a client base including

Anastasia joined the firm in 2013 and has since buttressed the competition team with her thorough assessment from an economics perspective. Anastasia provides advice on competition issues ranging from dominance and vertical restraints, to market allocations in new system applications in automotive, telecommunications, digital content, ecommerce, leasing, aviation, pharmaceutical, energy, oil and gas, utility, banking, shipping, and broadcasting.

Anastasia's expertise in international cartel law was honed when she assisted Garuda Indonesia to become one of only two airlines to win against a cartel allegation made before the Australian Competition & Consumer Commission, while she was still at Rizkiyana & Iswanto, a boutique competition law firm. During her time there, she was also entrusted to lead a multi-jurisdictional, 19 to be exact, compliance assessment in aviation.

Since she joined AHP, she was the lead economist to defend multiple major cartel allegation cases, namely Goodyear Indonesia, the Ministry of Trade of the Republic of Indonesia together with the Ministry's Directorate General of Foreign Trade and Yamaha Indonesia.

Anastasia's passed experience in international merger notifications and merger reviews include ALSTOM/ General Electric, Nokia/Alcatel-Lucent, Airbus Prosky/ Navtech Inc, XL/Axiata, SIAEC/Boeing, MUFG/ Engine Lease Finance and Beacon Intermodal Leasing, Archer Daniels Midland, and Ingram Micro/Brightpoint. She has been a key player for every competition audit performed by the firm (in the cement, flat glass, consumer goods, and refreshments industries).
 

Qualifications

  • Bachelor of Economics, University of Indonesia (2007)
     

Publications

  • Co-Author of Competition Law in Indonesia, Lexis Nexis, Singapore;
  • Co-Author of Chambers Global Practice Guides: Cartels 2019, Indonesian chapter, Chambers and Partners;
  • Co-Author of Getting The Deal Through: Cartel Regulation 2018, Indonesian chapter, Law Business Research Ltd, London;
  • Co-Author of The European Lawyer Reference Series: The Cartels and Leniency Review (Jurisdiction Comparisons, Sixth Edition 2018), Indonesian chapter, Law Business Research, London, 2018;
  • Co-Author of Getting The Deal Through: Cartel Regulation from 2015 to 2017, Indonesian chapter, Law Business Research Ltd, London;
  • Co-Author of Getting The Deal Through: Merger Control from 2015 to 2018, Indonesian chapter, Law Business Research Ltd, London;
  • Co-Author of The European Lawyer Reference Series: Merger Control (Jurisdiction Comparisons, Third Edition 2017), Indonesian chapter, Sweet & Maxwell, 2017;
  • Co-Author of The European Lawyer Reference Series: Merger Control (Jurisdiction Comparisons, First Edition 2011), Indonesian chapter, Thomson Reuters, 2011;
  • Co-Author and Editor of Panduan Persaingan Usaha Di Sektor Hulu Minyak Dan Gas Bumi (Migas) Indonesia (Competition Guideline in Indonesian Upstream Oil and Gas), BPMIGAS 2011.
     

Notable Cases & Transactions

Competition/Antitrust Law Cases

  • Provided economics, trade, and antitrust defenses for PT Yamaha Indonesia Motor Manufacturing, the Indonesian subsidiary of the well-known Japan-based motorcycle manufacturer, before the Indonesia Competition Commission (KPPU). The KPPU was attempting to broaden the scope of a cartel investigation to include the ultimate parent of Yamaha Indonesia, namely, Yamaha Motor Company, Japan. We provided defence strategies and represented the client in its appearances before the KPPU;
  • Provided economics, trade, and antitrust defenses for PT Goodyear Indonesia Tbk against a tire price and production cartel allegation before the Indonesian Competition Commission (Komisi Pengawas Persaingan Usaha/KPPU). The KPPU ruled against our client (as well as the other 5 tire companies involved) and imposed a fine of IDR 35 billion (approx. USD 2.5 million at the then prevailing exchange rate). The KPPU's decision were upheld on appeal by the District Court and Supreme Court;
  • Successfully appealed (through the provision of economics, trade, and antitrust defenses) a decision by the Indonesia Competition Commission (KPPU) that the Ministry of Trade and Directorate General of Foreign Trade were guilty of breaching competition law by extending importation permits to a restricted number of garlic importers. The KPPU ruled that this was unlawful as it constituted collusive conduct for the purpose of controlling the distribution of garlic, which had resulted in price increases. The District Court overturned the KPPU decision and exonerated our clients;
  • Provided industrial economics, trade, and antitrust defenses for shipping association Intra-Asia Discussion Agreement in preliminary arguments before the KPPU in relation to allegations of a shipping cartel. Our defenses helped persuade the KPPU to drop its inquiries;
  • Provided economics, trade, and antitrust defenses for Indonesian flag-carrier Garuda Indonesia against price-fixing charges laid before the Australian Federal Court by the Australian Competition and Consumer Commission (ACCC). The charges were laid against a number of airlines, namely, Qantas, British Airways, Singapore Cargo, Air France, KLM, Martiniair, Cargolux, Cathay Pacific, Emirates, Thai Airways, Korean Air Lines, Malaysian Airlines, JAL, Garuda Indonesia and Air New Zealand. Garuda and Air New Zealand were the only two airlines acquitted of the charges, while the other airlines were fined a total of AUD 92.5 million;
  • Provided economics, trade, and antitrust defenses for PT PLN (Persero) Distribusi D.I Yogyakarta dan Jawa Tengah in KPPU collusive tendering proceeding in the tender process of electric meters record in D.I. Yogyakarta and Central Java (2010);
  • Provided economics, trade, and antitrust defenses for PT Central Java Power in the monitoring case investigated by KPPU regarding the alleged tender process that was resulting in a bad choice of the Tanjung Jati-B payment scenario. The submitted defense research has discontinued the KPPU from taking the monitoring into investigated case;
  • Provided economics, trade, and antitrust defenses for SC Johnson Indonesia in a monitoring case before KPPU regarding the abuse of dominant position in hygiene products market;
  • Provided economics, trade, and antitrust defenses for PT Asahimas Chemical in monitoring before KPPU;
  • Provided economics, trade, and antitrust defenses on dispute resolution for PT. LNG-Energi Utama as the subsidiary of LNG International Pty Ltd in Indonesia in reporting a bid rigging allegation on the LNG Donggi-Senoro.
     

Competition/Antitrust Advisory

  • Provided competition advice to various sectors, some of them are: Alibaba, AETN Asia Pte. Ltd, the Asia-focused branch of global media content company A+E Networks Asia, PT Unilever Indonesia Tbk, PT Bank Permata Tbk;PT Yamaha Indonesia Motor Manufacturing, HOOQ Digital Pte Ltd, Renault/Nissan, PT Garuda Indonesia Tbk, Morinaga Milk Industry, Co. Ltd., PT BMW Indonesia, PT Beats Electronics Ltd (Dr. Dre), Sysmex AP regarding its proposed business plan, JTEKT Corporation, and PT Philips Indonesia;
  • Person in charge in preparing the Competition Guideline in Indonesian Upstream Oil and Gas for the former Indonesian Regulatory Agency for Upstream Oil and Gas.
     

Global Competition Compliance

  • Acted as the Lead Counsel in coordinating and conducting the multi-jurisdictional compliance review in 18 jurisdictions in America, Europe, Middle East, Asia, Australia and New Zealand) in connection with Garuda's membership of the SkyTeam Alliance (in cooperation with local counsels);
  • Provided the Indonesian competition compliance training material to Allianz AG as part of its global competition program;
  • Provided competition compliance advice to PT Beiersdorf Indonesia regarding its competition compliance training charts as part of its global competition compliance program.
     

Merger & Acquisition

  • Provided industrial economics, trade, and competition assessment for Alibaba Group on its shares acquisition of PT Tokopedia, the major ecommerce platform in Indonesia;
  • Provided industrial, trade, economics, and competition assessment for Nokia Corporation in filing mandatory post-merger notification of its acquisition of Alcatel-Lucent S.A. It was an offshore transaction but fulfilling the criteria for foreign transaction that must be notified to the KPPU;
  • Provided industrial, trade, economics, and competition assessment for The Executive Company Ltd in filing mandatory post-merger notification of its acquisition of TEC Holdings Ltd. The transaction was conducted outside Indonesian jurisdiction (Cayman Islands) but satisfied the criteria for foreign merger notification;
  • Provided industrial, trade, economics, and competition assessment for leading Indonesian telecommunications provider XL in its purchase of 100% of the share capital of telco AXIS from Teleglobal Investments BV, a 100%-owned subsidiary of Saudi Telecom Company (STC), which acted as guarantor, for a consideration of USD 865,000,000 in mandatory post-merger notification to KPPU;
  • Provided industrial, trade, economics, and competition assessment for Mitsubishi UFJ Lease & Finance Company Limited in filing mandatory post-merger notification of its acquisition of Engine Lease Finance Corporation and Beacon Intermodal Leasing LLC through MUL Asset Finance Corporation. The transaction was conducted outside Indonesian jurisdiction (Cayman Islands) but satisfied the criteria for foreign merger notification;
  • Provided industrial, trade, economics, and competition assessment for merger advice to SIAEC – Boeing regarding the proposed Greenfield joint venture establishment in Indonesia;
  • Provided industrial, trade, economics, and competition assessment for Ingram Micro Inc – Brightpoint, Inc in submitting and advising its mandatory post-acquisition notification to KPPU;
  • Provided industrial, trade, economics, and competition assessment for merger advice to Archer Daniels Midland Company in its proposed acquisition of Petra Foods Ltd;
  • Provided industrial, trade, economics, and competition assessment for the GDF Suez – International Power Plc in submitting and advising its mandatory post-acquisition notification to KPPU.
     

Trainings

  • Spoke in and trained various workshops, seminars in national and regional level on economics theory, industrial, and trade perspectives for competition/antitrust held by independent institution(s), networks, and clients, some of them are: PT Toyota Motor Manufacturing Indonesia, PT Garuda Indonesia Tbk, PT Sarana Multi Infrastruktur, PT Profesional Telekomunikasi Indonesia, PT Beiersdorf Indonesia, PT Bluescope Indonesia, PT ABM Investama, and Hukum Online.

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