In February 2022, the Indonesian Competition Commission issued the first decision of this type on the cooperation between PT Pos (Persero), the state-owned postal and package delivery company, and Agenpos, its small business partner, under a separate law governing such activities.
On 25 November 2021 the Constitutional Court decided that Law No. 11 of 2020 on Job Creation (Law No. 11 of 2020) – commonly known as “Omnibus Law” after its format – is conditionally un-constitutional. Though the Law will remain in effect, the Government must remedy the procedural flaws within two years.
The new regulation was intended to facilitate a more through appeals process, following other recent legislative changes to the appeals procedure. However, companies facing investigation should factor in the possibility that appeal hearings may continue to be limited to a short review of the KPPU files.
On 4 February 2021, the Government published its long-awaited draft implementing regulations on the job creation law (the “Omnibus Law”). Previously, the competition authority could impose an administrative fine for competition law infringements of up to IDR 25 billion. The new maximum penalty will be either 50% of the profit gained by the violating party in the period in which it was in violation or 10% of its revenue. The new regulations also introduce other factors to be considered in determining penalties, as well as amendments to the appeals procedure.
It is unclear when this draft, which was to be issued within three months after enactment of the Omnibus Law, i.e. 2 February, will be signed and in force.
In brief This client alert covers a new guideline on assessment of mergers, acquisitions and consolidations (“2020 Merger Guide”) that was issued by the Business Competition Supervisory Commission of Indonesia (“KPPU”) on 6 October. The KPPU is authorized to review merger, acquisition and consolidation transactions under Law No. 5 of…
As with all government institutions, the Business Competition Supervisory Commission (KPPU) is feeling the impact of the COVID-19 pandemic. For two weeks now its staff have been working from home, and it has suspended receipt of merger filing notifications and most other face-to-face interactions. The initial measures were supposed to…
Read publication This client alert also discusses the new merger filing regulation, i.e., Indonesian Business Competition Supervisory Commission (“KPPU”) Regulation Number 3 of 2019 on Assessment of Merger or Consolidation of Business Entities or Share Acquisitions of Companies (“KPPU Regulation 3/2019”). In another discussion with KPPU, we have received verbal…
Read publication This is a follow-up to our client alert of 23 October on the Indonesian Business Competition Supervisory Commission Regulation Number 3 of 2019 on Assessment of Merger or Consolidation of Business Entities or Share Acquisitions of Companies (“KPPU Regulation 3/2019”). As discussed in this previous alert, we intend…
On Monday, 14 October, the Indonesian Business Competition Supervisory Commission published its Regulation Number 3 of 2019 on Assessment of Merger or Consolidation of Business Entities or Share Acquisitions of Companies (“KPPU Regulation 3/2019”). As per the unfortunate usual practice, this regulation was published late as it actually came into…
In mid-April 2019 the Business Competition Supervisory Commission (Indonesian acronym: KPPU) published its Regulation No. 1 of 2019 on the Procedure for Cases of Monopolistic Practices and Unfair Competition (Regulation No. 1 of 2019), replacing KPPU Regulation No. 1 of 2010 of the same name. Although this new Regulation is…