BUSINESS LAW

BY GROUP 4
ASTRID FARADILA Z KHURIN ADIBATUL L
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DINDA PUTRI N
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AMANDA DWI H EKA NING PRIYATI

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DEFINITION OF ANTIMONOPOLY
AND UNFAIR COMPETITION 01

PRINCIPLES AND OBJECTIVES OF

ANTIMONOPOLY AND UNFAIR 02
COMPETITION LAW
PROHIBITED AGREEMENTS 03

PROHIBITED ACTIVITIES 04

CONSPIRACY 05

KPPU AND COMPETITION LAW 06

ENFORCEMENT IN INDONESIAN
Article 1 point 1 of the Antimonopoly Law provides the
understanding that monopoly is control over the
production and/or marketing of certain goods and/or
services by a business actor or a business group,
whereas

Unfair business competition is competition between

business actors in carrying out production and/or
marketing activities of goods and/or services which is
carried out dishonestly or against the law.
 Principle
Business actors in Indonesia
carry out their business
activities on the basis of
economic democracy by
paying attention to the
balance between the
interests of business actors
and the public interest.
Objectives
Safeguarding public interests and
increasing national economic.
Creating a conducive business
climate through regulating healthy
business competition.
Prevent monopolistic practices
and/or unfair business competition
caused by business actors.
Creating effectiveness and
efficiency in business activities.
 1. OLIGOPOLY 2. PRICE FIXING 3. MARKET DIVISION

4. GROUP BOYCOTT 6. TRUST

5. CARTEL
AGREEMENT

7. OLIGOPSONI 8. VERTICAL 9. EXLUSIVE

INTEGRATION DEALING

10. AGREEMENTS WITH

FOREIGN PARTIES
 1. MONOPOLY

2. MONOPSONY

3. MARKET MASTERY

4. PREDATORY PRICING

5. CHEATING IN SETTING
PRODUCTUON COSTS

6. CONSPIRACY
/COLLUCION
In a conspiracy, there is cooperation involving two/ or more business actors who jointly
commit unlawful acts.
Juridically, the definition of business conspiracy is regulated in Article 1 point 8 of Law
Number 5 Year 1999 (Antimonopoly Law).
"As a form of cooperation carried out by business actors with other business actors
with the intention of controlling the relevant market for the benefit of the conspiring
business actors."
1. Tender rigging
2. Conspiracy to divulge trade
secrets
3. Conspiracy to restrain trade
To oversee the implementation of the Antimonopoly
Law, a commission was established. This establishment
is based on Article 34 of the Antimonopoly Law which
instructs that the establishment of the organizational
structure, duties, and functions of the commission is
stipulated through a presidential decree. The
commission was then established by Presidential
Decree No. 75/1999 and named the Business
Competition Supervisory Commission (KPPU).
Assessing agreements that may result in monopolistic practices and/or unfair
business competition.
To assess business activities and/or actions of business actors that may result
in monopolistic practices and/or unfair business competition.
To assess the presence or absence of abuse of dominant position that may
result in monopolistic practices and/or unfair business competition.
Take actions in accordance with the commission's authority as stipulated in
Article 36 of the Antimonopoly Law.
Provide advice and consideration on government policies relating to
monopolistic practices and/or unfair business competition.
Prepare guidelines and/or publications related to Law Number 5 Year 1997.
Provide periodic reports on the results of the commission's work to the
president and the DPR.
The conclusion is that the KPPU is authorized to conduct research and investigation
and finally decide whether certain business actors have violated the Antimonopoly
Law or not. Business actors who object to the KPPU's decision are given the
opportunity for 14 (fourteen) days after receiving notification of the decision to file
an objection to the district court.

KPPU must prioritize the public interest over individual interests in handling alleged
violations of the antitrust law. This is in accordance with the objectives of the
Antimonopoly Law stated in Article 3 letter a of the Antimonopoly Law, namely to
“Safeguard the public interest and improve national economic efficiency as one of
the efforts to improve people's welfare”.