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 competition/antitrust and procurement law. He has built an impressive career from 2007 to 2013 at the Indonesia Competition Commission (Komisi Pengawas Persaingan Usaha or 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 arrangement. 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 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). His experience ranges from reviewing procurement documents and contract to evaluating procurement processes. Berla advises and represents contracting authorities and tender participants in numerous procurement matters.

Berla is regularly invited to speak as a certified trainer in trainings and workshops related to competition/antitrust and procurement law.

Competition

  • Represented cooking oil producers from Wilmar Group as the defendants in the KPPU related to price fixing and market controlling case.
  • Represented PT Meratus Line as the defendant in the container services cartel case before the KPPU and the appellate courts.
  • Represented PT Japfa Comfeed Indonesia, Tbk. in the day-old chick (DOC) cartel case before the appellate courts.
  • Represented PT Yamaha Indonesia Motor Manufacturing in the automatic scooter cartel case before the KPPU and the appellate courts.
  • Represented PT Tirta Investama (Danone Group) in the abuse of dominant position case before the KPPU and the appellate courts.
  • Represented the subsidiaries of the Japfa Group as the defendants in the beef cartel case before the appellate courts.
  • Assisted one of the largest multinational companies in the KPPU’s investigation process related to allegation of cartel behavior in the air conditioner sales to car manufacturer.
  • Assisted one of the largest multinational pharmacy companies in the KPPU’s investigation process related to allegation of abuse of dominant position in the pharmacy industry.
  • Assisted one of Indonesian state-owned company’s subsidiaries in the KPPU’s investigation process related to allegation of abuse of dominant position.
  • Assisted one of the largest companies engaging in the KPPU’s clarification process related to bid rigging issue in procuring the satellite service provider.
  • Advised a major Indonesian airline company on the compliance and risks of the direct appointment of its subsidiary in relation to strategic cooperation with a foreign partner.


Procurement

  • Assisted the Directorate General of Tax (DGT), the Ministry of Finance, in the first procurement of a procurement agent and reviewed related procurement contracts for core tax reformation system.
  • Assisted the Procurement Team in one of the Indonesian government institution for procuring the consultancy service of Owner’s Agent - Change Management.
  • Assisted the Commitment Making-Officer (Pejabat Pembuat Komitmen) in drafting contract for the procurement of System Integrator and consultancy service of Owner’s Agent - Project Management and Quality Assurance.
  • Drafted internal procurement regulation for the holding of Indonesian state-owned enterprise which engaging in mining sector.
  • Drafted internal procurement regulation for the Indonesian state-owned enterprise's subsidiary which engaging in fertilizer manufacturer.
  • Drafted the transaction compliance manual for Public Private Partnership (PPP) projects under the Project Development Facility (PDF) framework in Indonesia.
  • Advised one of the holding of Indonesian state-owned enterprise in preparing standard of procurement contract.
  • Advised one of the largest multinational companies engages in the manufacturer of aerospace and defense system in relation to Indonesian military procurement.
  • Advised a multinational company engages in the cloud hosting services in relation to provision of the cloud hosting services for Government Agencies.
  • Advised a multinational company engages in the manufacture and sale of medical devices in relation to issues on product listing in the LKPP’s E-Catalogue.
  • Advised an Indonesian state-owned enterprise in relation to post-bidding issues after awarding contracts.
  • Advised one of the Indonesian state-owned enterprise’s subsidiary related to the product sales and transportation cost reference in the electronic catalogue.
  • Advised one of the Indonesian state-owned enterprise’s subsidiary related to the postponement of winning bidder appointment in the procurement of construction works.
  • Advised a multinational company related to post bidding issue in the implementation of contract on public private partnership project of drinking water supply system.

Partnership (Kemitraan)

  • Successfully represented PT Guthrie Pecconina Indonesia as the defendant in the partnership arrangement before the KPPU.