Wisnu Wardhana

Wisnu Wardhana

With almost 10 years of experience in various competition matters, ranging from litigation to compliance, Wisnu is regarded as a seasoned competition lawyer. He has handled almost all aspects of the Indonesian competition law, including cartels, abuse of dominance, bid-rigging, vertical and distribution agreements before the Indonesian Competition Commission (KPPU) and various courts.

A large part of his experience with the KPPU stemmed from handling significant merger cases, especially involving the filing of notifications. An illustration of Wisnu's experience involved the enforcement by the KPPU of its relatively new authority to monitor partnership agreements between large enterprises and small and medium enterprises (SME), where Wisnu successfully dropped one of the first KPPU investigations.

Meanwhile, in the consumer law arena, Wisnu regularly provides advice in relation to product liability, product labelling, advertising, warranty, and other aspects of consumer law.  

Wisnu's clients come from a broad variety of sectors, including technology, e-commerce, automotive, telecommunication, pharmaceutical, aviation, energy, shipping and consumer goods. In addition, he has also advised  state-owned enterprises and government bodies in Indonesia.

Passionate about the development of competition law, Wisnu is one of the initiators of the Indonesian Competition Lawyers Association (ICLA), a vibrant professional society advocating the development and awareness of competition law, including active participation in the amendment of the Indonesian Competition Law. He also volunteered at the Indonesian Competition & Consumer Law Society (ICCC), a non-profit and non-governmental institution, where he was involved in drafting competition guidelines in the Indonesian upstream oil and gas for Indonesia's Upstream Oil and Gas regulatory body (BPMIGAS).

Outside of his legal practice, Wisnu has acted as a facilitator in many competition compliance training programs, in addition to contributing to notable publications, such as the Cartels and Leniency Review, 7th Edition (2019) published by Law Business Research, London.

 

Qualifications

  • LL.B., Diponegoro University (2009)
  • LL.M., Erasmus University of Rotterdam (2013)
  • Licensed to practice law as an advocate by the Indonesian Bar Association (Peradi)


Memberships / Directorships

  • Vice Secretary General of the Indonesian Competition Lawyers Association (ICLA)
     

Publications

  • Co-Author of The Cartels and Leniency Review 7th Ed., Law Business Research (London, 2019)
  • Co-Author of Getting the Deal Through: Vertical Agreements 2017 – Indonesian Chapter, Law Business Research (London, 2017)
  • Co-Author of the Cartels and Leniency Review 6th Ed., Law Business Research (London, 2017)
  • Co-Author of Indonesian Competition Law, Lexis Nexis (Singapore, 2014)
  • Co-Author of Pedoman Persaingan Usaha di Sektor Hulu Migas, BPMIGAS (Jakarta, 2012)
  • Co-Author of Asia-Pacific Antitrust Review 2012, Overview: Indonesia and Merger Control – Indonesian Chapter, Law Business Research (London, 2012)
  • Co-Author of Merger Control 2012 – Indonesian Chapter, Global Competition Review (2011)


Notable Cases & Transactions

Competition

  • Represented the Minister of Trade and the Director General of Foreign Trade as the defendants in the garlic cartel case before the appellate courts.
  • Represented PT Japfa Comfeed Indonesia Tbk. (Japfa Group) as the defendant in the day-old chick (DOC) cartel case before the KPPU and the appellate courts.
  • Represented PT Yamaha Indonesia Motor Manufacturing as the defendant in the automatic scooter cartel case before the KPPU and the appellate courts.
  • Represented PT Goodyear Indonesia as the defendant in the tire cartel case.
  • Represented PT Indosat Tbk as the co-defendant in the SMS cartel case before the appellate courts.
  • Represented the subsidiaries of the Japfa Group as the defendants in the beef cartel case before the KPPU and the appellate courts.
  • Represented PT Dexa Medica as the defendant in the antihypertensive drugs cartel case before the KPPU and the appellate courts.
  • Represented PT Angkasa Pura I (Persero) as the defendant in the monopoly case before the KPPU.
  • Represented PT Perusahaan Gas Negara (Persero) Tbk. as the defendant in the bid rigging case before the KPPU and the appellate courts.
  • Represented PT Garuda Indonesia (Persero) Tbk. in the bid rigging case before the appellate courts.
  • Represented PT Petrokimia Gresik in the bid rigging case before the KPPU.
  • Represented PT PLN (Persero) Distribution of Central Java and Jogjakarta in the bid rigging case before the KPPU and the appellate courts.
  • Represented Japfa Group as the defendant in a late merger filing case before the KPPU and the appellate courts.
  • Assisted a leading airline group in the investigation of alleged ticket cartels and interlocking directorates before the KPPU.
  • Assisted a local ‘unicorn’ company in the investigation of alleged discriminatory practices before the KPPU.
  • Assisted a vaccine manufacturer in the investigation of alleged bid rigging before the KPPU.
  • Assisted a leading flat-glass manufacturer in an industry monitoring by the KPPU.
  • Assisted a Singapore-based shipper in the investigation of alleged abuse of dominant position before the KPPU.
  • Provided competition advice to clients in a broad variety of sectors, including Google Asia Pacific Pte. Ltd., Oracle Singapore, JTEKT Corporation, Chiyoda Corporation, Schuler AG, Beiersdorf AG, Linde AG, Clariant AG, Beats Electronics LLC, NYK Line, Mitsubishi Tanabe Pharma, Bank Indonesia, the Ministry of Trade, APINDO, PT Aplikasi Karya Anak Bangsa (Gojek Group), PT Pertamina (Persero), PT Garuda Indonesia Tbk., PT Goodyear Indonesia, PT BMW Indonesia, PT Frisian Flag Indonesia, PT Krakatau POSCO, PT Huawei Tech Investment, PT Pupuk Sriwidjaja Palembang, PT Asahimas Flat Glass, PT Bluescope Indonesia, PT Petronas Niaga, Indonesia, PT Air Liquide Indonesia, and PT Tirta Investama (Aqua).
  • Performed a limited competition audit for PT Frisian Flag Indonesia, PT Asahimas Flat Glass Tbk., and PT Unilever Indonesia Tbk.


Mergers and Acquisitions

  • Assisted PT Aplikasi Karya Anak Bangsa (Gojek Group) in submitting its mandatory post-acquisition notifications in relation to the acquisitions of Promogo, Nadi Pos, RUMA, and Midtrans, and Kartuku.
  • Assisted PT XL Axiata Tbk. in preparing its mandatory post-acquisition in relation to the acquisition of Axis.
  • Assisted Lafarge in filing a post-merger notification of its merger with Holcim to the KPPU.
  • Advised Mitsui & Co. in the assessment of eligibility to notify.


Consumer Protection

  • Provided consumer law advice to international clients, such as Luxottica Group, SAIC-GM Wuling Automobile (SGMW), Richemont Asia Pasific Ltd., Trusco, Jetstar, Facebook, Toshiba, Liby, Fuji Kogyo, Kokuyo, Hao Di Lao, AICE, Holland & Barret, Hanwa, Panasonic Gobel and BMW Indonesia.
  • Represented PT Garuda Indonesia (Persero) Tbk. as the defendant in an IDR 11 billion lawsuit on the basis of violation of consumer law.


Partnership

  • Represented a leading livestock company in the investigation of an alleged violation of the partnership agreement with its farmers/breeders.
  • Advised a ‘unicorn’ company in reviewing its partnership agreements with its partners.
  • Advised a new ride-hailing service provider in concluding its draft partnership agreement with its riders.


Seminar

  • Speaker in various workshops, seminars, and trainings on competition law and regulations for clients, including, PT Ajinomoto Indonesia, PT ABM Investama Tbk., PT Vale Indonesia Tbk., Menarini Group and HukumOnline.
     

 

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