As recently announced, the legislation board at the House of Representatives (House) has approved the revision of Law
No. 5 of 1999 on the Prohibition of Monopolistic and Unfair Business Practices (“
Antitrust Law”) for listing under the upcoming 2017 National Legislation Program (Prolegnas), after it was previously listed under the 2016 Prolegnas.
[1] This revision has actually been long in the planning and dates all the way back to 2010,
[2] however it only became prioritized for the first time under the 2014 Prolegnas.
[3]
At the current stage of proceedings, the House is still discussing the most recently proposed
Draft Bill on the Prohibition of Monopolistic and Unfair Business Practices (“
Draft Bill”)
[4] which will address the main authority as regards the implementation of Antitrust provisions, specifically the Business Competition Supervisory Commission (
Komisi Pengawas Persaingan Usaha – “
KPPU”).
[5] Amongst the many points of focus tackled by the revision, the main objective of the Draft Bill is to accommodate the various developments which have come to light during the 17 years of the Antitrust Law’s enforcement.
[6] This objective has resulted in a massive increase in the number of incorporated provisions, up from a total of 53 articles under the Antitrust Law to a sizeable 95 articles under the Draft Bill.
In order to promote understanding of the Draft Bill’s contents, this edition of Indonesian Law Digest (ILD) will discuss its provisions as they relate to the following areas:
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