Antitrust and Unfair Competition

I. Antitrust and Unfair Competition
"Antitrust" for understanding commensurate with the term "anti-monopoly" or the term "dominance" is used which means that European society is also commensurate with the meaning istlah "monopoly"
Besides, there is a term that means almost the same "market forces". In practice these four words, the term "monopoly", "antitrust", "market forces" and the term "dominance" interchangeable use. The fourth term is used to denote a situation where someone dominate the market, where the market is no longer available potential substitute products, and the presence of market participants the ability to apply the price of the product is higher, without following the law or the laws of market competition on the demand and supply market.

 Definition of monopolistic practices and unfair business competition by Law No. 5 of 1999 on monopoly practice is concentration of economic power by one or more businesses that resulted in mastering the production and or marketing of goods and or services giving rise to unfair competition and can merugikankepentingan general.Anti-Monopoly Law No. 5 of 1999 gives meaning to the monopolist as a control over the production and or marketing of goods or the use of certain services by one business actor or a group of business actors (Article 1 paragraph (1) Anti-Monopoly Law undagn). While the term "monopoly" is a concentration of economic power by one or more perpetrators that resulted in mastering the production and or marketing of goods and or services giving rise to a competition is unhealthy and can harm the public interest. By Article 1, paragraph (2) Anti-Monopoly Law.from various sourcesII. Principles and Objectives Antitrust and Unfair CompetitionPrincipleIn doing business in Indonesia, entrepreneurs must ° Based economic democracy in the course of its business and that a balance between the interests of businesses and the public interest.Objectives contained in the Act No. 5 of 1999, are as follows:1. Keeping the public interest and enhance the efficiency of the national economy in an effort to improve people's welfare.2. Achieve a conducive business climate through setting healthy competition, thus ensuring the certainty of the same opportunities for businesses large, medium businesses, and small businesses.3. Prevent monopolistic practices and or unfair business competition posed by businesses.4. Creation of effectiveness and efficiency in business activities.III. Prohibited activities in the AntimonopolyAccording to the anti-monopoly law no 5 yr 1999Article 171. Offender shall be prohibited from controlling the production and or marketing of goods and or services that may result in monopolistic practices and or unfair business competition.2. Business actors suspected or deemed to control the production and or marketing of goods or services referred to in paragraph (1) if:a. goods or services concerned and there is no substitution, orb. lead to other businesses can not get into the competition of goods and or services, orc. one business actor or a group of business actors control more than 50% (fifty percent) market share of a particular type of goods or services.Article 181. Offender shall be prohibited from receiving master supply or a single purchaser of goods and or services in the relevant market may result in monopolistic practices and or unfair business competition.2. Business actors suspected or assumed control of the supply or acceptance into a single buyer referred to in paragraph (1) if one business actor or a group of business actors control more than 50% (fifty percent) of the market share of a particular type of goods or services.Article 19Offender shall be prohibited from doing one or more activities, either alone or together with other businesses, which may result in monopolistic practices and or unfair business competition in the form of:a. reject and or impede certain businesses to conduct business activities in the same relevant market;b. or off business competitors in the relevant market that may result in monopolistic practices and or unfair business competition.Article 21"Entrepreneurs are prohibited from cheating in determining production costs and other expenses that are part of the component of the price of goods and or services which may result in unfair competition."Article 22"Entrepreneurs are prohibited from conspiring with others to arrange and or determine the winner of the tender so as to result in unfair competition."Article 23"Entrepreneurs are prohibited from conspiring with others to obtain information that competitors business activities classified as company secret so may result in unfair competition."Article 24"Entrepreneurs are prohibited from conspiring with others to inhibit the production and or marketing of goods and or services businesses competitors in order for goods or services offered or supplied in the relevant market to be reduced both in quantity, quality, and timeliness required."IV. Agreements Prohibited In Antimonopoly (Ps 10-14)Article 101. Offender shall be prohibited from making agreements with competitors businesses, which may block other businesses to do the same business, either for the domestic market and overseas market.2. Offender shall be prohibited from making agreements with competitors businesses, to refuse to sell any goods or services from other businesses so that such actions:1. suspected to be harmful or detrimental to other businesses, or2. restrict other businesses to sell or buy any goods or services from the relevant market. Part KelimaKartelArticle 11"Entrepreneurs are prohibited from making agreements with competitors entrepreneurs, who intend to influence prices by adjusting production and or marketing of goods and or services, which may result in monopolistic practices and or unfair business competition. Part Six Trust "Article 12"Entrepreneurs are prohibited from making agreements with other businesses to do the same work by forming a joint company or its larger, while maintaining and maintaining the viability of each company or its members, which aims to control the production and or marketing of goods and or services, which can result in monopolistic practices and or unfair business competition. Part Seven Oligopsoni "Article 131. Offender shall be prohibited from making agreements with other businesses that aim to jointly controlled purchase or receipt of supply in order to control the prices of goods and or services in the relevant market, which may result in monopolistic practices and or unfair business competition.2. Business actors suspected or considered jointly controlled purchase or acceptance of supplies referred to in paragraph (1) if 2 (two) or 3 (three) business or group of businesses control more than 75% (seventy five percent) share market one type of goods or services. Part Eight Vertical IntegrationArticle 14"Entrepreneurs are prohibited from making agreements with other businesses that aim to control the production of a number of products included in the production chain of goods and or services in which each series is the result of processing or production of advanced processes, both in a series of direct and indirect, which may result in unfair business competition and or harmful to society.Part KesembilanPerjanjian Closed "V. Excluded Matters in Antitrust LawIn the Anti-Monopoly Law No. 5 of 1999, there are things that are excluded, namely:Article 50a. actions and or agreements aimed at implementing laws and regulations;b. agreements relating to intellectual property rights such as licenses, patents, trademarks, copyrights, industrial designs, integrated electronic circuits, and trade secrets, as well as an agreement relating to the franchise;c. agreement setting technical standards of goods and or services that do not restrain and or hinder competition;d. agreement in order agency whose contents do not contain provisions for the supply of goods and or services at a price lower than the agreed price;e. cooperative agreements for research or the improvement of living standards improved public;f. international treaties ratified by the Republic of Indonesia;g. agreements and or actions that aim to export that does not disrupt or needs and supply the domestic market;h. businesses belonging to small businesses;i. cooperative business activity that specifically aims to serve its members.Article 51"Monopoly and or concentration of activities related to the production and or marketing of goods and or services that dominate the lives of many people and the branches of production which are important for the state governed by law and organized by the State-Owned Enterprises and or body or institution established or designated by the Government. "VI. Business Competition Supervisory Commission (KPPU)"Business Competition Supervisory Commission (KPPU) is an organization that works to oversee the business actors in conducting its business conduct monopolistic practices and or unfair business competition is not healthy."In the formulation of Article 33 of Law No.. 5 of 1999 said that the task of the Commission include:a. terhaciap assessing agreement may result in monopolistic practices and or unfair business competition;b. conduct an assessment of the business activity and business actors or actions that may result in monopolistic practices and or unfair business competition;c. evaluate the existence or absence of abuse of dominant position which may result in monopolistic practices and or unfair business competition;d. take action in accordance with the authority;e. provide advice and opinion on Government policy that the Commission related to monopolistic practices and or unfair business competition;f. prepare guidelines and or publications relating to this Act;g. provide regular reports on the work of the Commission to the President and the House of Representatives.Authority

    receive reports from the public and or businesses about alleged monopolistic practices and or unfair business competition;
    conduct research on the alleged business activities and business actors or actions that may result in monopolistic practices and or unfair business competition;
    or investigation and examination of the case of alleged monopolistic practices and or unfair business competition reported by the public or by business or found by the Commission as a result of his research;
    concludes the investigation and or examination of the presence or absence of monopolistic practices and or unfair business competition;
    calling businesses alleged to have committed a violation of the provisions of this law;
    call and present witnesses, expert witnesses, and anyone who thought mengetahuipelanggaran the provisions of this law;
    investigators asking for help to bring businesses, witnesses, expert witnesses, or any person referred to letters e and f, which is not willing to meet the call of the Commission;
    request for information from government agencies in relation to the investigation and or inspection of businesses that violate the provisions of this law;
    acquire, analyze, and or judge letters, documents, or other evidence to the investigation and or examination;
    decide and determine the presence or absence of harm to other businesses or the public;
    inform the decision of the Commission to businesses who are suspected monopolistic practices and or unfair business competition;
    impose sanctions in the form of administrative measures to businesses that violate the provisions of this Act.
Vision CommissionVision Commission as an independent agency undertaking the Law no. 5 of 1999 are:"Being the Business Competition Supervisory Effective and Credible to Improve Welfare of the people."Mission of the CommissionTo achieve the above vision, the mission of the Commission formulated as follows:- Enforcing Competition Law- Competition internalize the values- Institutional Building a CredibleVII. Sanctions Antitrust and Unfair Competition- Article 36 of the Anti-Monopoly Act, one of the authority of the Commission is to conduct research, investigation and concluded the investigation regarding the presence or absence of monopolistic practices and or unfair business competition. Still in the same chapter, the Commission is also authorized to impose administrative sanctions on businesses that violate the Anti-Monopoly. What is included in the administrative sanctions provided for in Article 47 Paragraph (2) Anti-Monopoly Act. Although the Commission is only given authority to impose administrative sanctions, Anti-Monopoly Act also regulates the criminal sanction. Article 48 mentions the principal offense. While additional offenses described in Article 49.Article 48(1) Violation of the provisions of Article 4, Article 9 to Article 14, Article 16 and Article 19, Article 25, Article 27, Article 28 imposed with a fine as low Rp25.000.000.000 (twenty five billion rupiah) and as high as 100,000,000,000 (one hundred billion dollars), or imprisonment for a fine substitute for ever 6 (six) months.(2) violation of the provisions of Article 5 and Article 8, Article 15, Article 20 and Article 24, and Article 26 of this Law imposed with a fine as low Rp5.000.000.000 (five billion rupiah) and a maximum Rp25.000.000.000 (twenty five billion rupialh), or imprisonment for a fine substitute for ever 5 (five) months.(3) Violation of the provisions of Article 41 of this Law imposed with a fine as low Rp1.000.000.000 (one billion rupiah) and a maximum Rp5.000.000.000 (five billion dollars), or imprisonment for a fine substitute for- maximum 3 (three) months.Article 49By pointing the provisions of Article 10 of the Code of Penal Code, the crime as provided for in Article 48 may be imposed in the form of additional offenses:a. revocation, orb. ban to businesses that have been proved to have violated the law in order to hold the directors or commissioners of at least 2 (two) years and for ever 5 (five) years, orc. discontinuation of certain activities or actions menyjavascript: void (0) ebabkan timbulnva losses on the other.d. Rules criminal provisions in the Anti-Monopoly Act to be weird because not expressly mention who is authorized to conduct an inquiry or investigation in the criminal context.