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Dispute Resolution & Competition

Since our establishment, we have been developing our excellence in the fields of banking and finance, debt and corporate restructuring, mergers and acquisitions, capital markets, foreign investments, privatization, and more. In addition, we understand that in order to provide a comprehensive legal service, we have to complete our expertise with commercial litigation and alternative dispute resolutions.

We have been trusted as the expert witness to foreign companies in United States District Court as well as in international arbitration proceedings. In addition to the commercial dispute resolution, we are advising several companies in corporate transactions of the companies, including the operational aspects, business licenses matters, expatriates and related labour issues including outsourcing.

  1. Advocacy on commercial disputes before the Indonesian courts;
  2. Advocacy on bankruptcy/insolvency proceedings;
  3. Formulating commercial litigation strategies;
  4. Analyzing evidence and proceedingsmatters at trials;
  5. Assisting clients at arbitration of commercial disputes in or outside of Indonesia; and
  6. Advocacy on industrial relation proceedings related to labour issues
  1. A world-wide chiropractic company, in which we represented them in a criminal case relating to the allegation of malpractice and closure of all its branches in Indonesia.
  2. A world-wide automotive company, in which we represented them in a civil case relating to the confiscation stipulation on 261 (two hundred sixty-one) Subaru cars in 7 (seven) areas in Indonesia.
  3. A world-wide aircraft manufacturer company, client of Adler Murphy & Mcquillen LLP who appointed us to collaborate in providing legal advice pertaining to a legal proceeding following the crash of Adam Air flight 574 over the Makassar Strait, offshore Sulawesi, Indonesia.
  4. A real estate development firm engages in development, sale, and management of industrial parks. We assisted the company in relation to potential dispute related to the construction of Interchange at Jakarta – Cikampek Toll Road.
  5. The Belgian subsidiary of an international banking company. We acted as Indonesian legal counsel of the Bank in Belgium, Brussels Branch, in relation to the dispute concerning the taking over of soybean stocks financed and pledged to the Belgium Bank by certain party, and in relation with the dispute concerning the lawyer fee.
  6. A shipping company listed on Singapore Stock Exchange engages shipbuilding, shiprepair and conversion, marine vessel chartering, marine engineering and other related services, and catering to customers worldwide. We acted as Indonesian legal counsel in relation to the dispute on the detention of a vessel.
In order to truly become a full-service legal consultant, the firm realized that the formation of a Business Competition Division was needed. Besides engaging in LCDR, Bahar is also committed to safeguarding the ideas, information, and people that define our clients’ business success by providing Business Competition services to represent the clients in disputes involving unfair competition and breach of non-competition covenants.

In business competition sector, Bahar has special expertise in:

Companies may deal with enterprise-threatening of alleged unfair pricing and dominant positions in their markets. Hence, the firm has reliable experienced to trust in assessment, identification, and factual investigation to detect cartel exposure risks for you. We have comprehensive expertise of business competition law to mitigate and handle the criminal and administrative fines exposure and represent our client with first class legal services in responding cases, like private damage litigation from customers or even a class-action. Moreover, domestic and global analysis is necessitate to approach this matter, and the firm enable to assist to identify and assess the potential materiality of cartel related cases in time before the issue become substantive giving better lines of defense for you when the dispute arises. This service is designed to confront with these challenges.
Even though, companies are able to reactively defense their legal rights against private damage claims from direct and indirect customers, they still need to translate and accurately interprets their issue positions according to anti-trust laws to be valid legal evidence and defense rights at a court. For this, the firm has great experience in competition litigation. Our specialist litigators have been exposured with worldwide jurisdictions that strengthen their professional skills in handling and confronting litigations, plus coordinating potential litigations and settlement discussion within dispute resolutions process, including in a mediation, a court and/or arbitration. Our extensive experience of defending private enforcement claims and regulatory appeals in Indonesia have been considered by our reputable clients as highly recommended for competition litigation.
Maintaining competitive conduct of companies is essential. The firm has been committed to develop this sector to comprehend and apply the core element of anti-competitive laws. Agreement rules to this shall be formulated to safeguard the anti-trust regulatory provisions. We may help and represent you to maintain competitive edge in the markets by drafting accurate and precise contractual clauses about restriction of free trading and competition between business, detecting and anticipating abusive behaviour that lead to such a dominant position, plus implementing mitigation for the mergers acquisitions, and joint ventures that threaten the competitive process. Protecting interests of your firm and ensuring entrepreneur or counterparty have an opportunity to compete are the prominent notions in composing anti-competitive agreements. Moreover, the firm has a close connection with independent sector regulators so providing better legal services for these matters.
The prominent key objectives of anti-monopoly laws are related to cartels and abuse of dominance. Extensive experience representing our clients in dealing with cartel behaviour allegations and abuse of dominant positions have led us to better understand this nature of competitive restrictions. In a number of cases, the firm enable to alleviate those allegations against clients, and still continue to ensure claiming damages from other parties as of those false allegations. This provide a significant benefit to our client business reputation as early as to prevent further loss having associated with anti-competitive conducts, and securing risks of damages resulting from competition litigations. We advise on wide range competition enforcement matters, including handling leniency applications, managing data requests, managing any damages, negotiating commitments, practicing advocacy services to a court or regulator on behalf of client, and so forth.
With our help, clients will have successfully carrying out mergers, acquisitions, joint ventures and strategic alliance without so much worried on the underlying risks on those transactions. With decades of experience on all aspects of corporate governance and business transactions, the firm assists clients in each stage through the private equity-based transactions process with detail and clear underlying regulatory compliance. A clear coordination with clients is one of our distinctive efforts in securing acquisitions, merging or being acquired, and joint ventures to minimizing risks in this kind of transactions. We have advised our client with conflict free M&A and joint ventures scenarios, made the firm is a global rated leader on those fields.

  1. One of the biggest movie theatres in Indonesia, in regards to the enforcement of a business competition law due to alleged monopoly and unfair business practices in Indonesian film distribution.
  2. A major shareholder of Indonesian telecommunication operator, in handling a class action claim in which the allegation was mostly based on competition arguments.
  3. Telecommunication and service provider on various aspects of competition law.
  4. A foreign lawfirm in relation to the possible application of a KPPU Regulation on Pre Notification, Consolidation, Mergers and Acquisitions to a proposed merger/acquisition plan involving a major global company
  5. Indonesian state owned company in relation to the tender process for the construction and development of an integrated office and commercial complex in southern part of Jakarta