Berla Wahyu Pratama

Berla Wahyu Pratama

Berla joined AHP in 2016 as member of the Competition and Antitrust practice group, bringing with him an impressive range of experience. His main area of practice is antitrust & competition and public procurement law. He has built an impressive career from 2007 to 2013 at the Commission for Supervision of Business Competition (KPPU) as an investigator and litigator where he handled various competition cases such as 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, among others, the SMS (Short Messages Service) cartel case, abuse of dominant position by PT Carrefour Indonesia, cooking oil cartel, and fuel surcharge price fixing by several airlines.

After serving at KPPU for six years, Berla joined one of prominent law firms in Jakarta where he handled many competition law matters, such as merger notifications and exclusive-dealing agreements. Right before joining AHP in 2016, he worked at PT Bank Mandiri (Persero) Tbk. as Senior Legal Manager where he assisted and advised business units on competition law issues. With his deep understanding of competition law and his experience in case handling procedure, Berla has enriched the AHP competition team, especially in developing strategies to deal with investigation and litigation process under KPPU.

Berla also has extensive experience in public procurement arena, as evidenced by his two procurement certifications, namely, (i) procurement expert by the National Public Procurement Agency (Lembaga Kebijakan Pengadaan Barang/Jasa Pemerintah or LKPP); and (ii) procurement lawyer by the International Federation of Purchasing and Supply Management (IFPSM). Berla advises and represents contracting authorities and tender participants in numerous public procurement matters.

Berla is regularly invited to speak in trainings and workshops related to antitrust & competition and public procurement law. He also wrote numerous articles related to antitrust & competition and public procurement law.
 

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 or LKPP)
  • Certified Procurement Lawyer (CPL) by the International Federation of Purchasing and Supply Management (IFPSM).
     

Memberships / Directorships

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

Publications

  • Pratama, Berla Wahyu & Nasution, Farid Fauzi, "Indonesia Chapter of The International Comparative Legal Guide to: Public Procurement 2019", Global Legal Group, 11th edition, 2018.
  • Pratama, Berla Wahyu, "The Procedures of Case Handling are More Transparent with Commission Regulation Number 1 Year 2010", Competition Magazine 22nd edition, 2010.
  • Pratama, Berla Wahyu, "Monopolistic Practices in Airport Taxi Service Throughout Indonesia (Case Study: Hang Nadim Airport)", Business Competition Journal (KPPU), 2009.
     

Notable Cases & Transactions

Competition & Antitrust Litigation

  • Represented PT Austasia Stockfeed and PT Santosa Agrindo in its appeal against KPPU Decision No. 10/KPPU-I/2015 in the District Court of Central Jakarta and Supreme Court related to allegation of violation of Articles 11 and 19 point c of Law No. 5/1999 regarding trade of import cattle in Jabodetabek area.
  • Represented PT Japfa Comfeed Indonesia, Tbk. in its appeal against KPPU Decision No. 02/KPPU-I/2016 in the District Court of South Jakarta and Supreme Court related to allegation of violation of Article 11 of Law No. 5/1999 regarding arrangement for the production of broiler chicken in Indonesia.
  • Represented PT Yamaha Indonesia Motor Manufacturing in the examination/hearing process by KPPU and subsequent appeal against KPPU Decision No. 04/KPPU-I/2016 in the District Court of North Jakarta and Supreme Court related to allegation of violation of Article 5 paragraph (1) of Law No. 5/1999 regarding price fixing in the motorcycle industry.
  • Represented PT Tirta Investama (Danone Group) in the examination/hearing process by KPPU and subsequent appeal against KPPU Decision No. 04/KPPU-I/2016 in the District Court of South Jakarta related to allegation of abuse of dominant position in the bottled drinking water industry.
  • Assisted one of the largest multinational pharmacy company in the investigation process by KPPU related to allegation of abuse of dominant position in the pharmacy industry.
  • Assisting an Indonesian state-owned enterprise engaged in the pharmaceutical industry in relation to a bid-rigging allegation.
     

Competition & Antitrust Advisory

  • Advised one of the largest multinational pharmaceutical company regarding appointment of a local pharmaceutical manufacturer in Indonesia from competition law perspective.
  • Advised one of the largest multinational movie exhibition company in relation to its exclusive dealing in cinema leasing space from competition law perspective.
  • Advised an Indonesian state-owned company in relation to a direct appointment of its subsidiary from competition law perspective.
  • Assisted one of the largest multinational electric company in reviewing a distributorship agreement between the company and a reseller.
  • Advised one of the largest multinational pharmacy company in relation to the appointment of a new product distributor in Indonesia from competition law perspective.
  • Advised one of the largest multinational agricultural company from competition law perspective in relation to seed subsidy pricing.
  • Advised one of the largest multinational automotive component company regarding the Leniency Program under Indonesian Competition Law.
  • Advised one of the largest multinational oil and gas company in relation to interlocking directorate issue in several affiliated companies from competition law perspective.
  • Advised one of the largest Indonesian state-owned bank regarding a cooperation plan in terms of the using of e-money platform between an Indonesian state-owned bank (as the principal) and other banks (as the issuer) from competition law perspective.
  • Advised one of the largest Indonesian state-owned bank regarding a master bancassurance agreement from competition law perspective.
  • Advised an Indonesian infrastructure telecommunication company relating to an acquisition transaction from competition law perspective.
  • Advised one of the largest multinational food and beverage company regarding a meeting plan from competition law perspective.
  • Advised one of the largest multi-finance company in Indonesia in relation to a merger transaction from competition law perspective.
  • Advised an Indonesian oil and gas company in relation to a proposed acquisition transaction from competition law perspective.
  • Advised one of the largest multinational cement company in relation to a cooperation plan from competition law perspective.
     

Competition & Antitrust Merger Notification

  • Assisted and represented PT Asahi Indofood Beverage (Asahi) in submitting a notification to KPPU in relation to the acquisition of PT Pepsi Cola Beverage.
  • Assisted and represented PT Indofood Asahi Sukses Beverage (Indofood) in submitting a notification to KPPU in relation to the acquisition of PT Buana Distrindo.
  • Assisted and represented PT Bank Mandiri (Persero) Tbk. in submitting notification to KPPU in relation to the acquisition of PT Asuransi Jiwa Inhealth Indonesia.
     

Public Procurement

  • Advised a major Indonesian airlines company on the direct appointment of its subsidiary in relation to a strategic partnership cooperation.
  • Advised one of the Indonesian state-owned plantation company regarding a tender process.
  • Established a manual for assistance in a Public Private Partnership (PPP) transaction for a certain state-owned company tasked by the Ministry of Finance of the Republic of Indonesia to facilitate PPP projects in Indonesia.
  • Assisted the Indonesian tax authority in recruiting a procurement agent.

 

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