- The government is currently deliberating the Anti-Monopoly Draft Bill (“Draft Bill”), which will replace Law No. 5 of 1999. However, the Indonesian Businesses Association (APINDO) is urging the government to reassess the Draft Bill and the following matters in particular: 1) Determination of maximum fines amounting to 25% of the relevant sales values; 2) License recommendation sanctions; 3) The imposition of fines amounting to 10% of the total fine value for the submission of objections; and 4) Insufficient time periods for the examination of objections by courts.
- In response, the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha – “KPPU”) has clarified that the legal enforcement regime currently being pursued by the KPPU is an administrative process which is being implemented impartially. This impartiality is reflected in the fact that relevant parties are allowed to submit objections to court in relation to KPPU determinations. Moreover, according to the KPPU, the current maximum fine of IDR 25 million is no longer suitable and is generally considered too small when compared with overall business profits. In this context, fine determinations which are based on percentages of total profits generated during the relevant violation period are now considered more suitable.
- For more on this story, see Hukumonline: “Pengusaha Kritik Amandemen UU Anti Monopoli, Ini Kata KPPU”
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