- In order to satisfy the mandate originally set under Article 18 of Regulation of the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha – "KPPU") No. 2 of 2021 on Guidelines for the Imposition of the Sanction of Fines for Monopolistic Practice and Unhealthy Business Competition Violations ("Regulation 2/2021"), the Head of the KPPU has now issued Regulation No. 1 of 2023 ("Regulation 1/2023") on Guidelines for Commission Approvals of Leniency Requests for Payments of Fines in Stages or During Specific Timeframes ("Leniency").
- Under this new framework, Leniency requests should be submitted in writing to the Head of the KPPU within 14 days of the handing down of any legally binding decision, as counted from: 1) The date upon which the respondent receives a copy of the relevant KPPU decision; or 2) The date upon which the respondent receives a notification on the copy of a decision from the Commercial Court or the Supreme Court.
- Leniency requests should be submitted along with supporting data in a form of business entity financial reports that cover the past three years and which encompass: 1) The cash flow of the company during the relevant submission period, as well as a written statement affirming that the cashflow analysis of the company will be disrupted by any obligation to pay a fine; 2) A cashflow plan, which should include a proposal to pay the relevant fine in stages or during a certain timeframe; and 3) A written statement that sets out an analysis of an ideal proposed fine payment schedule that has been drawn up in accordance with the financial ability or business activities of the relevant company.
......
Subscribe to read more legal analysis.
Hukumonline Pro Intelligence
Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda
*Syarat dan ketentuan berlaku
Ada Pertanyaan? Hubungi Kami 
Professional Solutions
University Solutions
Pro
My Workspace
Pro AI
Terfavorit
Allex QnA
Pro Compliance
