作者

Head of Antitrust and Competition, Asia
Partner
Partner and Head of Office
Counsel
Special Consultant (Australian reg'd foreign lawyer - Indonesia)
Associate
Associate
Senior Associate
Associate

Other credited authors

  • Lydia Fung, Knowledge Assistant, Hong Kong

Footnotes

1   Between November 2020 and April 2022, the KPPU had relaxed some of the enforcement rules to help the country's economy recover from the impact of the Covid-19 pandemic. As part of the relaxed rules, the post-merger notification deadline was doubled from 30 to 60 business days after the transaction became effective. The relaxation of the rules was in force until 1 May 2022 when the deadline for submitting the notification obligation returned to 30 business days. The closing date is included the 30 business days deadline.

2      Notifications can be submitted from 9am – 2pm Jakarta time every business day at the following address: https://notifikasi.kppu.go.id

3   Which was already an increase from 2019 and 2018 when 124 and 74 transactions were notified to KPPU, respectively. See KPPU 2021 Annual Report, Section 3.2, p.28-31.

4   Id.

5   See KPPU 2020 Annual Report, Section 3.2, p.20-23.

6   See KPPU 2019 Annual Report, Section 3.2, p.42-45.

7   This is particularly telling when considering that the the post-merger notification deadline was doubled from 30 to 60 days after the deal becomes effective between November 2021 and May 2022.

8   At the end of 2021, 7 investigations (10 per cent) were brought to the filing stage (i.e. where the KPPU reaches a provisional view that competition law has been breached),  23 (33 per cent) were closed, and 39 (57 per cent) were still ongoing.

9   Based on the IDR/US$ average exchange rate for 2022.

10   To date, the KPPU has imposed sanctions for abuse of dominance in six cases under Article 25 of the Competition Law No 5/1999 which prohibits abuse of dominance: case No. 03/KPPU-L-I/2000 (Indomaret); case No. 04/KPPU-I/2003 (JICT); case No. 06/KPPU-L/2004 (ABC Batteries); case No. 09/KPPU-L/2009 (Carrefour II); case No. 17/KPPU-I/2010 (Pfizer Group); and case No. 14/KPPU-L/2015 (Forisa Nusapersada).

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