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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
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Indonesia | Publication | September 2019
The Indonesian Investment Coordinating Board (BKPM) enacted BKPM Regulation 5/2019 to amend last year’s implementing regulation on guidelines and procedures for licensing and facilities under Indonesia’s foreign direct investment (FDI).
The new regulation particularly includes requirements on divestment obligations for foreign direct investment companies.
The abovementioned foreign worker must be stated in the FDI company’s Articles of Association and other documents that affirms the legality of the foreign worker’s status as shareholder of the relevant FDI company.
BKPM Regulation 5/2019 further clarifies the implementation of the Online Single Submission System (OSS), a one-door online portal for business licencing that was introduced by the Indonesian government in 2018. The OSS was launched in answer to potential and current investors’ complaint on the lengthy and complicated bureaucracy in setting-up businesses in Indonesia.
The OSS system is currently undergoing further harmonization with systems at the provincial government level and further amendments to simplify the investment regime in Indonesia are expected.
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Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
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After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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