Antitrust watchdog needs legal support<\/p>\n
Urip Hudiono, The Jakarta Post, Jakarta<\/p>\n
The Business Competition Supervisory Commission (KPPU) expressed
\na need for better support from relevant judicial institutions in
\nenforcing the Antimonopoly Law, as some of its antitrust rulings
\nhave ended up in court and have resulted in unfavorable verdicts.<\/p>\n
\"We particularly need judges who really understand the
\nAntimonopoly Law and related cases. We also need better
\ncooperation from the police, the Supreme Court and the Ministry
\nof Justice and Human Rights,\" KPPU chairman Sutrisno Iwantono
\nsaid on Monday during a review of the Antimonopoly Law.<\/p>\n
The KPPU has so far issued 22 rulings on cases of unfair and
\nmonopolistic business practices, but four of them had been taken
\nto court by dissatisfied companies. Of these, the KPPU lost three
\nbecause of \"procedural violations\".<\/p>\n
\"The trials never even went into the substance of the cases,\"
\nIwantono said.<\/p>\n
The KPPU lost its final appeal at the Supreme Court in the
\ncase of PT Indomobil Sukses International's alleged exclusive
\ntender during the selling of its stocks.<\/p>\n
The KPPU also lost at the district level in the case of Garuda
\nIndonesia's unfair ticket reservation system, and in the case of
\nJakarta International Container Terminal's (JICT) alleged
\nmonopoly practice in Jakarta's port of Tanjung Priok. The
\ncommission is currently filing appeals for the cases.<\/p>\n
A remaining case on an alleged bus cartel in Jakarta,
\nmeanwhile, is still being tried.<\/p>\n
The commission is also processing another six cases, including
\none on an alleged sugar cartel. These will bring its case number
\nto a total of 28 since its establishment in 2000 following the
\nenactment of Law No. 5\/1999 on antimonopoly and unfair
\ncompetition.<\/p>\n
Iwantono also suggested that a special antitrust court should
\nbe established like in Germany, where only the Bonn high court
\nwas authorized to handle such cases.<\/p>\n
KPPU member for legal affairs Syamsul Maarif added that in
\nGermany, such cases were also tried under a corresponding
\nadministrative law, unlike in Indonesia where they are usually
\ntried as civil suits.<\/p>\n
He also explained that if such a court was to be established
\nin Indonesia, the government and the House of Representatives
\nwould need to amend Law No. 14\/1970 on courts, which currently
\nacknowledges only public courts, state administrative courts,
\nmilitary courts and religious courts.<\/p>\n
Syamsul, however, was optimistic that the Antimonopoly Law
\nwould be upheld eventually and better the country's business
\nenvironment, citing improvements in tenders conducted by oil
\ncompany PT Caltex Indonesia and state-owned banks Bank Negara
\nIndonesia (BNI) and Bank Mandiri.<\/p>\n
The law, he added, had also improved business competition in
\nthe shipping and airline industries to benefit the public with
\ncheaper fares.<\/p>\n
\"The law is changing, in the long run, the tendency of
\ncorporations to build monopolies, cartels and unfair
\ncompetition,\" he said.<\/p>\n
Under the Antimonopoly Law, the KPPU is authorized to
\nthoroughly investigate indications of unfair business practices
\nby corporations and issue rulings against them. The rulings
\nbecome effective within 14 days of their issuance, pending
\nobjections from the companies concerned.<\/p>\n
The law prohibits an individual company from controlling more
\nthan 50 percent of the domestic market, and two or three
\ncompanies from controlling a combined 75 percent of the market.<\/p>\n
Individuals or companies found guilty of violating the law
\nface fines of up to Rp 100 billion (US$11.76 million) or up to
\nsix months in prison.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/antitrust-watchdog-needs-legal-support-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
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