Aulia Alkausar

Aulia Alkausar

Since joining AHP in 2015, he has enriched the AHP competition team with his insight of a former investigator of the Indonesian Competition Supervisory Commission ("KPPU"), where he served from 2007 to 2014. He was also involved in formulating KPPU regulations and guidelines on mergers and acquisitions.

His previous role as a lead Investigator in M&A assessment at the KPPU give a major advantage to AHP clients as he clearly understands the commission's assessments, functions and view point. Aulia worked on many investigations in various sectors like transportation, palm oil, fuel, broadcasting, telecommunications and aviation.

After serving the KPPU for more than 7 years, Aulia moved to the Indonesia's money-laundering watchdog - the Indonesian Financial Transaction Reports and Analysis Centre ("PPATK") - where he served as a compliance supervisory officer. During that time, he spoke at a number of seminars on money laundering and was also involved in drafting PPATK regulations on PPATK reporting procedures.

However, his abiding interest in competition law finally persuaded him to join AHP, one of the leading competition law firms in Indonesia. Since joining the Firm, he has worked on a number of merger and competition analyses projects, and a high-profile cartel case in the poultry industry.
 

Qualifications

  • Bachelor of Economics specializes in competition and anti-money laundering law, Padjadjaran University
     

Publications

  • "Impact of Merger between Flexi and Esia from Government Regulation Number 57 of 2010 perspective". KPPU's Competition Journal, 5th edition of 2011.
     

Cases at the KPPU

At the KPPU, Aulia handled competition law cases, both from monitoring initiated from both the KPPU's monitoring function and indictments of Undertakings/society. Aulia, as an Investigator, involved on a variety of investigation, such as:

  • Investigator In Case 14/KPPU-L/2007 : Allegation Violetion Article 22 Law Number 5 Year 1999 in Multiyears Procurement in Siak-Riau;
  • Investigator In Case 19/KPPU-L/2007 : Allegation Violetion Article 23 Law Number 5 Year 1999 in Music Industri Case;
  • Investigator In Case 21/KPPU-L/2007 ; Allegation Violetion Article 19 Law Number 5 Year 1999 in Non Soil Pestiside Industry;
  • Investigator In Case 22/KPPU-L/2007 : Allegation Violetion Article 17 Law Number 5 Year 1999 in Cargo Industry in South Sulawesi;
  • Investigator In Case 31/KPPU-I/2007 : Allegation Violetion Article 19 Law Number 5 Year 1999 in Jack-Up Drilling Rig in CNOOC;
  • Investigator In Case 15/KPPU-L/2008 : Allegation Violetion Article 22 Law Number 5 Year 1999 in Medical device Procurement in Singaraja-Bali;
  • Investigator in Case 21/KPPU-L/2008 : Allegation Violetion Article 22 Law Number 5 Year 1999 in Medical Devices Procurement in Duren Sawit Hospital – Jakarta;
  • Investigator In Case 61/KPPU-L/2008 : Allegation Violation Article 14, 19, 20, and 24 in Wire rod Industry;
  • Investigator In Case 65/KPPU-L/2008 : Allegation Violetion Article 15 Law Number 5 Year 1999 in Counter Check-in Facility in Juanda, Surabaya;
  • Investigator In Case 04/KPPU-L/2009 : Allegation Violetion Article 22 Law Number 5 Year 1999 in Cleaning Service Procurement in PT Chevron Pasific Indonesia;
  • Investigator In Case 24/KPPU-I/2009 : Allegation Violetion Article 5 and article 11 Law Number 5 Year 1999 in Cooking oil industry;
  • Investigator In Case 65/KPPU-L/2009 : Allegation Violetion Article 25 Law Number 5 Year 1999 in Juanda Airport check in system;
  • Investigator In Case 11/KPPU-L/2010 : Allegation Violetion Article 22 Law Number 5 Year 1999 in Muaro Bungo Airport;
  • Investigator In Case 19/KPPU-L/2010 : Allegation Violetion Article 22 Law Number 5 Year 1999 in Bengkalis Procurement;
  • Investigator In Case 26/KPPU-L/2010 : Allegation Violetion Article 22 Law Number 5 Year 1999 in Ogan Kemiring Ulu Procurement;
  • Investigator in Case 07/KPPU-I/2013 : Allegation Violetion Article 11, Article 19 (c) and Article 24 in telecommunication provider and e-pos implementation in Soekarno Hatta Airport;
  • Investigator in Monitoring in Taxi Services in Batam;
  • Investigator in Monitoring in CPO Industry;
  • Investigator in Monitoring in Cooking Oil Industry;
  • Investigator in Monitoring in Steel Industry;
  • Investigator in Monitoring in BBM Industry;
  • Investigator in Monitoring in days old chick (DOC) industry;
  • Investigator in Broadcasting Right in English Premier League;
  • Investigator in Monopoly Issue in Broadcasting Industry;
  • Investigator in Predatory Pricing Issue in processing gas to LNG in Senoro Matindok Field;
  • Investigator in Netbook Industry;
  • Investigator in Investigation of PT PLN Batam Procurement;
  • Investigator in Investigation of Jambi's Penitentiary Procurement;
  • Investigator in Investigation of Daktiloskopi Procurement in Pusident Bareskrim POLRI;
  • Investigator in Investigation of PT Indonesia Asahan Aluminium Raw Material Procurement.

In addition, Aulia also involved in the assessment of the obligation of merger/acquisition/consolidation ("Merger") notification to KPPU, among others:

  • Merger Notification Assessment: Acquisition PT Matahari Department Store by Meadow Asia Company Ltd;
  • Merger Notification Assessment: Acquisition PT Sara Lee Body Care Indonesia by Unilever Indonesia Holding B.V.;
  • Merger Notification Assessment: Acquisition PT Agung Bara Prima by PT Tuah Turangga Agung;
  • Merger Notification Assessment: Acquisition PT Bank Agroniaga by PT Bank Rakyat Indonesia;
  • Merger Notification Assessment: Acquisition Polyprima Karyareksa by PT Indorama Syntehetics;
  • Merger Notification Assessment: Acquisition Eastern Star Resources Pty Ltd by Vale Austria Holding BV;
  • Merger Notification Assessment: Acquisition PT General Electric Finance by PT Bank Permata;
  • Merger Notification Assessment: Acquisition International Power Plc by GDF Suez S.A;
  • Merger Notification Assessment: Acquisition Tomori E&P Limited by Mitsubishi Corpor;
  • Merger Notification Assessment: Acquisition PT Citra Tobindo Sukses Perkasa by PT Indonesia Coal Resources;
  • Merger Notification Assessment: Acquisition PT PSPM and PT MTL by PT Berau Coal Energy;
  • Merger Notification Assessment: Acquisition PT Indosiar Karya Media by PT Elang Mahkota Teknologi;
  • Merger Notification Assessment: Acquisition Inpex Jawa Limited by PT Pertamina Hulu Energi;
  • Merger Notification Assessment: Acquisition PT Mobile 8 by PT Wahana Inti Nusantara;
  • Merger Notification Assessment: Acquisition PT Berau Coal Energy by Vallar Investment Limited;
  • Merger Notification Assessment: Acquisition Bucyrus Inc by Caterpillar Inc;
  • Merger Notification Assessment: Acquisition PT Mitrayasa Sarana Informasi and PT Towerindo Konvergensi by PT Tower Bersama;
  • Merger Notification Assessment: Acquisition PT Agranet Multicitra Siberkom by PT Trans Media Corpora;
  • Merger Notification Assessment: Acquisition PT Mustika Indah Permai by PT Alam Tri Abadi;
  • Merger Notification Assessment: Acquisition Thainox Stainless Steel by POSCO;
  • Merger Notification Assessment: Acquisition PT Mitrayasa Sarana Informasi and PT Towerindo Konvergensi by PT Tower Bersama;
  • Merger Notification Assessment: Acquisition PT Duta Sejahtera by PT Tuah Turangga Agung;
  • Merger Notification Assessment: Acquisition PT Gunung Kendaik by PT Mega Citra Utama;
  • Merger Notification Assessment: Acquisition Korofrance SAS by Cargill International Luxemburg;
  • Merger Notification Assessment: Acquisition PT Jamindo General Insurance by PT Bhakti Capital Indonesia.
     

Notable Cases & Transactions at AHP

Mergers and Acquisitions notifications

  • GIC (Realty) Pte. Ltd (property) as the acquirer of PT Raharja Mitra Familia on obligation merger notification to KPPU (2017);
  • Sojitz Corporation as the Acquirer of Solvadis Holding S.a.r.l on obligation merger notification to KPPU (2017);
  • PT Elang Mahkota Teknologi subsidiary as the acquirer of PT Sinemart on obligation merger notification to KPPU (2017);
  • TechnipFMC Plc as the surviving company on the merger with Technip S.A on obligation merger notification to KPPU (2017);
  • One of renowned computer manufacturer on non - eligibility to notify from obligation merger notification to KPPU (2017);
  • PT Amanda Cipta Persada (subsidiary of Sigmantara Alfindo Group), as the acquirer of PT Golden Retailindo Tbk on obligation merger notification to KPPU (2016);
  • GIC (Realty) Pte. Ltd (property) as the acquirer of Aurora Development on obligation merger notification to KPPU (2016);
  • Hon Hai Precision Industry Co. Ltd., as the acquirer of Sharp Corporation on obligation merger notification to KPPU (2016);
  • K&N Parent, Inc, as the surviving company on the merger with Goldman Sachs on obligation merger notification to KPPU (2016);
  • GIC (Realty) Pte. Ltd (property) as the acquirer of PT Putra Sinar Permaja on obligation merger notification to KPPU (2016);
  • Nissan Motor Co. Ltd and Mitsubishi Motors Corporation in the share acquisition on obligation merger notification to KPPU (2016).
     

Advisories

  • One of renowned Baby Milk company, on intellectual property agreement from the Indonesian competition law perspective (2017);
  • One of the largest global pharmacy company on distributorship agreement from the Indonesian competition law perspective (2017);
  • Renowned independent pay television channel operators on horizontal agreement from the Indonesian competition law perspective (2017);
  • One of the largest FMCG company on implementation of new project from the Indonesian competition law perspective (2017);
  • One of the largest automotive manufacturer on implementation of new distributorship scheme from the Indonesian competition law perspective (2017);
  • One of the largest poultry company on establishment of new joint venture company from the Indonesian competition law perspective (2016);
  • One of the largest automotive distributors on implementation of new distibution scheme from the Indonesian competition law perspective (2016).
     

Competition Law Cases at The Commission for the Supervision of Business Competition (KPPU)

  • PT Tirta Investama, an affiliate of Danone Group, againts alleged abuse of market control conduct in bottled drinking water market (2016 – now);
  • PT Yamaha Indonesia Motor Manufacturing, an affiliate of Yamaha Corporation against alleged price fixing conduct in automatic scooter market (2015 – 2017);
  • PT Japfa Comfeed Indonesia, Tbk, or Japfa Group against alleged output restriction conduct in days old Chick (DOC) (2015 – 2017);
  • PT Santosa Agrindo and PT Austasia Stockfeed, affiliates of Japfa Group against alleged output restriction conduct in imported beef trading in the greater Jakarta (2015 – 2017)
     

Monitoring of Investigation at KPPU (Pre-case)

  • One of the largest global pharmacy company, on alleged violation of abuse of dominant position (2017);
  • One of the nation's largest poultry company on alleged violation of partnership (kemitraan) provisions (2016).

 

 

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