Abstract

<table width="680" border="1" cellspacing="0" cellpadding="0" align="left"><tbody><tr><td valign="top" width="487"><p><strong>This paper analyzes the application of norms concerning violations of business competition in KPPU decisions. The case study in this paper is in the case of violations of business competition conducted by PT Forisa Nusapersada in Case Decision Number 14/KPPU-L/2015. As a comparison, this study also compares the application of norms in cases that are almost similar, namely the Decision of the Case KPPU Number 14/ KPPU-L/ 2015 with the Decision of the Case KPPU Number: 06/KPPU-L/2004. The results of the research show that in addition to Article 19 and Article 25 above, KPPU should also apply Article 52 paragraph (2) letter a and Article 15 paragraph (3) of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition in the case of PT Forisa Nusapersada.</strong><strong></strong></p><p><strong> </strong></p></td></tr></tbody></table>

Highlights

  • The problems in increasing national economic growth cannot be separated from monopolistic practices and unfair business competition

  • In the PT Forisa Nusapersada case, this paper aims to equate the market competition infringement case with the business competition violation in the PT Arta Boga Cemerlang (ABC) case, which is analyzed in the two KPPU decisions on the use of legal laws. (Budiman, H. et al 2020)

  • The author assumes, compared to the PT Forisa Nusapersada scenario, that KPPU can use the means referred to in Article 25 paragraph (2) letter a, because PT Forisa Nusapersada has a market share of more than 50%, which in November 2014 is about 90.09% to 94.30%

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Summary

Introduction

The problems in increasing national economic growth cannot be separated from monopolistic practices and unfair business competition. It is necessary to take concrete action to fair market competition and fair business competition. It will create effective and efficient national economic growth. According to Thee Kian Wie, a competitive atmosphere is a prerequisite for developing countries to encourage economic growth, including industrialization. The establishment of the Business Competition Supervisory Commission (KPPU) is one of the government's strategies to ensure that Indonesia's business competition is carried out healthily and according to the existing laws and regulations. KPPU's role is significant because business actors have violated many legal norms. Apart from establishing KPPU as a supervisory

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