Dispute Resolution & Competition
Since our establishment, we have achieved excellence in the fields of banking and finance, debt and corporate restructuring, mergers and acquisitions, capital markets, foreign investments, privatization, and more. In addition, in order to provide a comprehensive legal service, we are continuing to develop our expertise in commercial litigation and alternative dispute resolution processes.
We have been trusted as the expert witness to foreign companies in United States District Courts as well as in international arbitration proceedings. As well as commercial dispute resolution, we advise companies on corporate transactions, including operational aspects, business license matters, and expatriate and related labour issues including outsourcing.
- Advocacy on bankruptcy/insolvency proceedings;
- Formulating commercial litigation strategies;
- Analyzing evidence and proceedings matters at trials;
- Assisting clients at arbitration of commercial disputes in and outside of Indonesia; and
- Advocacy on industrial relation proceedings related to labour issues.
- An international chiropractic company, which we represented in a criminal case relating to the allegation of malpractice and closure of all its branches in Indonesia;
- An international automotive company, which we represented in a civil case relating to the confiscation stipulation on 261 Subaru cars in seven areas in Indonesia;
- An international aircraft manufacturer, client of Adler Murphy & McQuillen LLP who appointed us to provide legal advice pertaining to a legal proceeding following the crash of Adam Air flight 574 over the Makassar Strait, offshore Sulawesi, Indonesia;
- A real estate development firm engaged in the development, sale, and management of industrial parks, which we assisted in relation to a potential dispute over the construction of an interchange on the Jakarta – Cikampek Toll Road;
- The Belgian subsidiary of an international banking company, for which we acted as Indonesian legal counsel over a dispute concerning the taking over of soybean stocks financed and pledged to the Belgium Bank by a certain party, and in relation with the dispute concerning the lawyer fee;
- A major company listed on the Singapore Stock Exchange engaged in shipbuilding, ship marine vessel chartering, marine engineering and other related services, for which we acted as Indonesian legal counsel in relation to a dispute over the detention of a vessel.
In the business competition sector, Bahar has special expertise in:
Domestic and global analysis is often necessary in these cases, and the firm can also assist with the pre-emptive identification and assessment of the potential for cartel related cases to provide you with better lines of defence when the dispute arises.
Our professional skills of our specialist litigators have been honed through exposure to jurisdictions worldwide and they are well experienced in confronting litigations, as well as coordinating potential litigations and conducting settlement discussions within the dispute resolutions process, whether through mediation, the court, and/or arbitration. Our extensive experience in defending private enforcement claims and regulatory appeals in Indonesia is widely recognised.
Protecting the interests of your firm and ensuring entrepreneurs or counterparties have an opportunity to compete are the principle aims of anti-competitive agreements. Moreover, the firm also has close connections with independent sector regulators, which allows us to provide better legal services for these matters.
This provides a significant benefit to our clients’ business reputations, preventing further losses associated with anti-competitive conduct, and securing the risk of damages resulting from competition litigations. We advise on a wide range of competition enforcement matters, including handling leniency applications, managing data requests, managing any damages, negotiating commitments, and providing advocacy services to courts or regulators on behalf of our clients.
Our clear coordination with clients assists our ability to secure joint ventures, mergers and acquisitions, whether acquiring or being aquired, and to minimise any risks in these kinds of transactions. Our work on mergers, acquisitions and joint ventures has made us a global leader in those fields.
- One of the biggest movie theatres in Indonesia, which we assisted in regards to the enforcement of a business competition law following allegations of monopoly and unfair business practices in film distribution;
- A major shareholder of an Indonesian telecommunications operator, for which we handled a class action claim around allegations of anti-competitive behaviour;
- A telecommunication and service provider, which we assisted on various aspects of competition law;
- A foreign law firm, which we assisted in relation to the possible application of a KPPU Regulation on ‘Pre-Notification, Consolidation, Mergers and Acquisitions’ following a proposed merger/acquisition plan involving a major global company;
- An Indonesian state-owned company, which we assisted in relation to the tender process for the construction and development of an integrated office and commercial complex in south Jakarta.