- The revision (“Draft Bill”) of Law No. 5 of 1999 on the Prohibition of Monopolistic and Unfair Business Practices (“Antitrust Law”), which will hopefully be passed this year, continues to face criticism from various stakeholders, including the Indonesian Competition Lawyers Association (“ICLA”).
- The ICLA recently raised several issues relating to the Draft Bill, specifically: 1) The obligation to pay 10% fines up front if businesses are intending to file any objection in relation to violations of Antitrust Law; 2) The fact that there is no mechanism whereby disputed parties can review decisions which are made by the Business Competition Supervisory Commission (“KPPU”); and 3) The 45-day window for filing objections to KPPU decisions is still considered too short, although it has now been extended from the original 30-day window.
- Meanwhile, the Indonesian Business Association (“Apindo”) is asserting that the following areas addressed under the Draft Bill should be reconsidered: 1) Fines are calculated based on sales value, while they should instead make reference to the relevant illegal profits; and 2) Sanctions in the form of recommendations to revoke licenses should not be included in the Draft Bill.
- For more on this story, see: “ICLA Sampaikan Keberatan atas RUU Persaingan Usaha”
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