Relevant Markets

The Commission for the Supervision of Business Competition (Komisi Pengawas Persaingan Usaha / KPPU) has issued Regulation No. 3 of 2009 to provide a set of guidelines relating to the manner in which Article 1(10) of Law No. 5 of 1999 on the Prohibition Against Monopolistic Practices and Unfair Business Competition (Anti-Monopoly Law) is to be interpreted and applied in future cases that come before the KPPU.

The guidelines define all the relevant terms, and where those terms have already been sufficiently defined in other legislation, then the guidelines use those definitions. Nevertheless, the guidelines define market, relevant market, the scope and area of business, and business actors, among a number of others.

The guidelines include graphic representations of the issues that have been explained. This is to ensure that there can be no confusion about what is required in order for businesses to comply. The graphic representations are further enhanced with case examples.

The value of the guidelines is that they show explicitly how the KPPU intends to decide matters that come before it where those matters relate to Article 1(10) of the Anti-Monopoly Law.