Ada Pertanyaan? Hubungi Kami 
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Produk Pilihan
Ada Pertanyaan? Hubungi Kami Happy Rayna Stephany, Yanuar Pribadhie
The House of Representatives is currently drafting a Draft Bill to amend Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition (Antitrust Law). The House is of the view that the current Antitrust Law is obsolete and proven problematic in its implementation.
The House has identified certain problems such as the definitions for business, merger notification, and overlapping impositions of sanctions. There is also insufficient clarity on the procedural law for antitrust cases and the problem of the authority of the Commission for the Supervision of Business Competition (KPPU) to investigate and adjudicate such cases.
“To regulate less problematic provisions, the House has discussed the Draft Bill and it has been formally included under the 2013 National Legislative Program (Prolegnas)” said Muhajir, lawmaker from the National Mandate Party last Thursday.
As of today, the Draft Bill consists of 15 sections and 99 articles. One of the noteworthy changes regards notification for company restructurings. Under the Draft Bill, mergers, consolidations, acquisitions or joint ventures which result in asset values exceeding certain amounts, must be notified to the KPPU before such restructuring has legal effect. Under the Antitrust Law, such notification must be made 30 days after the date of the restructuring.
Another important amendment is the definition of “business” (pelaku usaha). Under Article 1 (4) of the Draft Bill, the definition of business will incorporate the extraterritoriality principle. The new definition reads “Business is every person or business entity, whether having legal personality or not, established in and having its principal place of business or doing business within or outside of the territory of Indonesia which affects the Indonesian economy…”. Previously the Antirust Law did not incorporate the underlined words.
Nawir Messi, Chairman of the KPPU, said that the inclusion of the extraterritoriality principle is important because there are many bidders from the United States and South Korea involved in the procurement of goods and services. Among those bidders, not all of them have representative offices or any affiliation in Indonesia.
“We have certain difficulties in handling those bidders if we aren’t granted the extraterritorial authority. Besides, in the ASEAN common market era, there will be a lot more bidders of that kind,” said Nawir.
(hot/kc)
Happy Rayna Stephany, Yanuar Pribadhie
The House of Representatives is currently drafting a Draft Bill to amend Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition (Antitrust Law). The House is of the view that the current Antitrust Law is obsolete and proven problematic in its implementation.
The House has identified certain problems such as the definitions for business, merger notification, and overlapping impositions of sanctions. There is also insufficient clarity on the procedural law for antitrust cases and the problem of the authority of the Commission for the Supervision of Business Competition (KPPU) to investigate and adjudicate such cases.
“To regulate less problematic provisions, the House has discussed the Draft Bill and it has been formally included under the 2013 National Legislative Program (Prolegnas)” said Muhajir, lawmaker from the National Mandate Party last Thursday.
As of today, the Draft Bill consists of 15 sections and 99 articles. One of the noteworthy changes regards notification for company restructurings. Under the Draft Bill, mergers, consolidations, acquisitions or joint ventures which result in asset values exceeding certain amounts, must be notified to the KPPU before such restructuring has legal effect. Under the Antitrust Law, such notification must be made 30 days after the date of the restructuring.
Another important amendment is the definition of “business” (pelaku usaha). Under Article 1 (4) of the Draft Bill, the definition of business will incorporate the extraterritoriality principle. The new definition reads “Business is every person or business entity, whether having legal personality or not, established in and having its principal place of business or doing business within or outside of the territory of Indonesia which affects the Indonesian economy…”. Previously the Antirust Law did not incorporate the underlined words.
Nawir Messi, Chairman of the KPPU, said that the inclusion of the extraterritoriality principle is important because there are many bidders from the United States and South Korea involved in the procurement of goods and services. Among those bidders, not all of them have representative offices or any affiliation in Indonesia.
“We have certain difficulties in handling those bidders if we aren’t granted the extraterritorial authority. Besides, in the ASEAN common market era, there will be a lot more bidders of that kind,” said Nawir.
(hot/kc)