Indonesia (March 5, 1999)
Score = 23
Governed by: Law of the Republic of Indonesia No. 5 of 1999 Concerning the Ban on Monopolistic Practices and Unfair Business Competition (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | Article 1(5) states Competition Act only applies to activities within the legal territory of the Republic of Indonesia. |
| Remedies | Fines | 1 | Article 47(2)(g) allows the Commission to impose fines for violations of the Act. |
| Prison Sentences | 1 | Article 48 allows the Commission to impose imprisonment for certain violations such as market sharing. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 38(1) says that any person can notify the Commission of violations of the Act. |
| Remedies Available to 3rd Parties | 1 | Article 38(2) says that parties that have suffered losses can ask the Commission for damages. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 29 requires notification of all mergers. | |
| Pre-merger | 0 | ||
| Post-merger | 1 | Article 29(1) says that the notification must take place no later than 30 days after the merger occurs. | |
| Merger Assessment | Dominance | 1 | Article 28(1) bans all mergers that may cause monopolies. |
| Restriction of Competition | 1 | Article 28(1) prohibits all mergers that may cause unfair competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 25(1)(b) prohibits restricting the market or technical development. |
| Abusive Acts | 1 | Article 25(1) prohibits taking advantage of a dominant position. | |
| Price Setting | 1 | Article 25(1)(a) prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 6 prohibits discriminatory pricing. | |
| Resale Price Maintenance | 1 | Article 8 prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 25(1)(c) prohibits hampering other entrepreneurs from becoming competitors. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 5(1) prohibits price fixing. |
| Tying | 1 | Article 15(2) prohibits tying arrangements. | |
| Market Division | 1 | Article 9 prohibits market division through area distribution. | |
| Output Restraint | 1 | Article 19 prohibits output restraint. | |
| Market Sharing | 1 | Article 11 prohibits market sharing agreements. | |
| Eliminating Competitors | 1 | Article 20 prohibits practices to eliminate competitors’ businesses. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 22 prohibits collusive tendering. | |
| Supply Refusal | 1 | Article 10 prohibits group boycotts. | |
| Efficiency Defense | 0 |
References
- ↑ Global Competition Forum website, http://www.globalcompetitionforum.org/regions/asia/Indonesia/uu_monopoli_(english)1.pdf