Competition Law Perspective Research Articles

Procurement Tender Fairness: MSME, Business Competition Law, and SIKaP Application

This study analyzes the right to justice in tenders for the procurement of goods and services for small business actors from the perspective of business competition law through the application of the SIKaP application. The research method used is qualitative analysis based on the available empirical analysis of the literature. The results of the literature analysis show that small business actors face challenges such as the non-transparency of the selection process, unfairness in evaluating proposals, non-neutral procurement, unfair competition, and constraints on access to information. SIKaP application is considered as a potential solution to increase fairness in procurement tenders, but challenges such as lack of understanding and awareness as well as technical obstacles still need to be overcome. The importance of the role of business competition law is also recognized in protecting the rights of small business actors. This study concludes that additional efforts are needed, including training and awareness, technological infrastructure improvements, and effective law enforcement, to ensure the successful implementation of the SIKaP application and the protection of small business actors' rights in procurement tenders. The results of this study make an important contribution in understanding the challenges and opportunities for small business actors in obtaining fairness in procurement tenders. The implications can be used as a basis for developing policies and actions that support fair participation and equal opportunities for small business actors.

Predatory Pricing in Buying and Selling Imported Products in E-Commerce According to the Perspective of Business Competition Law and Muamalah Fiqh

Predatory Pricing in Buying and Selling Imported Products in E-Commerce According to the Perspective of Business Competition Law and Muamalah Fiqh

Corporate Mergers and Acquisitions from the Perspective of Competition Law (A Comparative Study Between Indonesia and Japan)

Corporate Mergers and Acquisitions from the Perspective of Competition Law (A Comparative Study Between Indonesia and Japan)

Comparison of Merger Regulations in the Perspective of Competition Law in Indonesia and Malaysia

The business activities conducted by a business entity demand innovation to have market value, added value, and differentiation from its competitors. One form of innovation is through mergers, which is related to cross-border business activities, involving regulations in the country where the business entity operates. This research aims to compare merger regulations from the perspective of competition law in Indonesia and Malaysia. An example of a business entity involved in a merger is Grab and Uber. To address this issue, the research employs a normative juridical research method. The findings conclude that merger regulations in Indonesia are stipulated in the Company Law, alongside the Competition Law and Government Regulation No. 57 of 2010 regarding mergers, acquisitions, and consolidations. In contrast, Malaysia does not yet have specific regulations concerning mergers in competition law, making the merger between Grab and Uber a non-issue in Malaysia.

Protection against unfair competition in the European Union: from divergent national approaches to harmonized rules on search result rankings, influencers and greenwashing

Abstract This article provides an overview of the complex interplay between harmonized rules of unfair competition law at EU level and national approaches in the Member States. It discusses case law, sheds light on the objectives underlying protection against unfair competition and describes intersections with intellectual property rights. The analysis addresses general clauses that allow unfair competition law in the EU to keep pace with constantly changing marketing practices. It discusses the concept of confusion from a comparative trademark and unfair competition law perspective. Moreover, misleading practices, discrediting and denigrating allegations, slavish imitation, unfair free-riding, trade secret rules and transparency obligations will be explored. The analysis includes recent extensions of the canon of unfair competition rules, in particular in the field of product rankings within search results, influencer marketing and greenwashing. Particular attention will also be devoted to the growing body of transparency obligations in online marketing contexts, including obligations in the area of targeted behavioural advertising that follow from the Digital Services Act.

Business Digital Transformation in The Perspective of Business Competition Law

Purpose: This study aimed to enhance public knowledge of the seamless digitalization of business toward more effective outcomes based on the perspective of business competition law. Methods: The approach used was a normative and descriptive study approach. Results and Conclusion: The results showed that digital transformation enhanced business efficiency and provided companies with new perspective on profit management. The prevalence of digital competition became apparent through the widespread establishment of marketplaces and platform-based businesses, which aimed to provide consumers with attractive bargains in order to achieve their intended profit objectives. Research implications: Digital transformation, comprising various life aspects, is revolutionizing the online business economy, offering a modern alternative process for gaining profits. Originality/value: The advent of digital business transformation has engendered a range of effects, encompassing both favorable and unfavorable outcomes, so warranting meticulous deliberation.

Towards patient welfare-centred pharmaceutical patents—a sustainable perspective

Abstract Encouraging innovation by rewarding pharmaceutical patent holders is a key to societal progress, given mandatory disclosure and adequate reimbursement. Following debate on fair prices from a competition law perspective, the recent Health Trade Assessment Regulation provides Member States with a harmonized tool to help them set prices in a more sustainable way. This article discusses the extent to which the Regulation will provide comprehensive access to healthcare as an expression of patient welfare, framing the debate in terms of sustainability.

Predatory Pricing for E-Commerce Businesses from a Business Competition Law Perspective

Purpose: Predatory pricing is a business strategy where prices are cut by a lot to get rid of competitors and take over the market. With the digital economy growing so quickly, this method is becoming more and more important for e-commerce companies. The goal of this study is to look at the problem of unfair pricing in e-commerce businesses from the point of view of business competition laws.
 
 Theoretical framework: This study will look at the problems with predatory pricing practices in E-Commerce companies and E-Commerce businesses.
 
 Method: In this study, a conventional legal method is used, and a literature review is used to look at secondary sources of data.
 
 Result: The results of the study show that when it comes to e-commerce in Indonesia, predatory pricing strategies like giving big discounts might help consumers right away by making prices very low. But this can make business competition unfair by causing other businesses to leave the market and stopping new businesses from coming in. Law No. 5 of 1999 forbids trading practices at a loss that hurt the public interest, especially if they are done dishonestly, against the law, or in a way that hurts business competition.
 
 Conclusion: Because of this, predatory pricing methods like these need to be closely controlled, and anyone who feels like they've been cheated should be able to tell the right people. This group has the power to punish businesses that break the rules with administrative or criminal penalties. This ensures that the Indonesian e-commerce business ecosystem is healthy and fair.Top of Form

Tanggung Jawab Badan Usaha Milik Negara Dalam Kegiatan Ekonomi Pada Cabang-Cabang Produksi Yang Tidak Menguasai Hajat Hidup Orang Banyak

Analysuing the position of monopoly State-Owned Enterprises in the perspective of business competition law which could potentially give rise to barriers in business competition in particular concerning control over production branches are considered important and master his life much. Though it is excluded in law number 5 of 1999 concerning the prohibition of Monopolies and Anticompetitive Business practices are unhealthy, but that should not be considered a monopoly owned by the State-Owned Enterprises at the same time have the power over the market, and all the power over its own market not obliging him to carry on the practice of healthy competition. Existence of State-Owned Enterprises in the perspective of business competition law is the implementation of Article 33 of the Constitution of 1945, where the presence of the NRI Soes is a manifestation of the State's role in the national economy for the well-being of the people. The position of monopoly State-Owned Eterprises in the perspective of business competition law is still frequently abused the rights relating to the control of the State giving rise to unhealthy business competition. A monopoly held by State-Owned Enterprises should be stabilised so that serves as the market competition can run healthy. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.

Praktek Excessive Pricing Dalam Bisnis Maskapai Penerbangan Ditinjau Dari Hukum Persaingan Usaha

This study aims to analyze the practice of excessive pricing on airlines as a form of abuse of a dominant position from the perspective of business competition law. The practice of excessive pricing is a strategy of setting excessive and exploitative prices toward consumers. In this research, The researcher indicated unfair business competition associated with excessive pricing practices. In addition, the researcher also analyzed the impact of excessive pricing practices on consumers and business competition. The research method used is normative research with a doctrinal research approach. The study results show that many users of air transportation modes make airline business actors take advantage of these conditions to multiply company profits by selling tickets at very high prices exceeding the Excessive Pricing. However, in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, there is no explanation of whether excessive pricing practices abuse a dominant position or are just regular business activity. Therefore, this paper aims to analyze and simultaneously prove indications of unfair business competition by airline business actors through excessive pricing from the perspective of business competition law.

Core-Plasma Pattern Partnership Agreement with Micro-Small Business based on the Perspective of Competition Law


 Partnership agreements that aim to mutually benefit both parties, especially empowering micro and small businesses, often have unfavorable consequences for parties whose bargaining position is weak, so that the business competition authority is also given supervisory authority over the implementation of the agreement. The imbalance in bargaining position in this agreement is the reason for writing to raise the issue of understanding owning and/or controlling micro and small businesses according to the applicable regulations and how it is implemented in the nucleus plasma partnership scheme for the oil palm plantation sector. This normative research includes prescriptive research using secondary data which is analyzed qualitatively and concluded using deductive methods. The results of this study indicate that the notion of having is defined as ownership of equity or capital, while the term control focuses more on managerial control which ultimately has an impact on asset control. The partnership agreement contains several clauses that have the potential to own and/or control micro-small businesses according to Law 20/2008 jo. Law 11/2020, besides that, it also has the potential to violate the provisions or principles of unfair business competition. However, this potential violation is difficult for competition authorities to reach due to the absence of technical regulations that explain the meaning of owning and/or controlling micro and small businesses. Therefore, KPPU needs to prepare further regulations in the form of guidelines that explain the limitations.

Abnormally Low Tenders from a Competition Law Perspective

Abnormally Low Tenders from a Competition Law Perspective

Algorithmic Pricing - A Competition Law Perspective on Personalised Prices

Algorithmic Pricing - A Competition Law Perspective on Personalised Prices

The Predatory Pricing Practice: The Challenges of Business Competition Law on Ride-Hailing Tariff’s War

The predatory pricing is inherently a dynamic strategy typically taking place in a single market, whereby a firm incurs a sacrifice in the short run to exclude competitors, in order to acquire a dominant position. In order to establish fair business growth and ensure equal business opportunities, a healthy environment for the business competition is highly needed. Since 2014, the market share of the ride-hailing sector in Indonesia has been dominated by three providers, namely Grab, Gojek, and Maxim. The three companies provide subsidies and discounts on services-price so that users' rates are cheaper than conventional taxis. This certainly has led to unfair competition and is very detrimental to conventional taxi. This research is normative juridical research that uses a statutory approach and a conceptual approach to analyze the alleged predatory pricing practices in the ride-hailing industry in Indonesia from the perspective of business competition law. The results show that the imposition of unfair prices can be seen from prices gap shown in the application with prices imposition, which should be based on travel distance in order to acquire a dominant position allowing it to recoup its losses and earn supracompetitive profits in the long run. This pattern of sacrifice-then-recoupment is found in the case law as well.

An access and transfer right to data—from a competition law perspective

Abstract While business users face difficulties accessing and porting data on platforms, the Digital Markets Act has been hailed as the legislative tool enabling business users access and transfer the data they have generated on platforms controlled by gatekeepers. The tool provided by the Digital Markets Act is discussed in this article and the author argue that business users should have a more elaborated right to first access the data they produce on platforms and in ecosystems, and secondly transfer such data from platform to platform, cloud to cloud, thing to thing or in-house. A right to access and transfer data could have several benefits; it benefits dissemination of data, creativity and innovation in connected markets and it promotes competition between platforms, clouds and ecosystem providers. Creativity will be enhanced because necessary data—being the raw material for new innovations—will be more broadly disbursed. It will also benefit consumers having a disbursed and disseminated data commons for the development of ideas, innovations, and the exchange of knowledge.

Platform Data Protection from the Competition Law Perspective Based on Specific Conduct and Data Types

In the era of big data, data has gradually become an important commercial resource in the development of the emerging economy. Under the background of frequent disputes over unfair network competition, emerging data rights and interests can be better defined and better protected from the perspective of the Competition Law. When judging whether the conduct is an unfair competition conduct, the performance of the accused conduct and the type of the data involved in the case should be accurately defined, so as to define its legitimacy.

Erratum to “Multi-sided platforms and innovation: A competition law perspective”

Erratum to “Multi-sided platforms and innovation: A competition law perspective”

BLOCKCHAIN APPLICATION: INDONESIAN COMPETITION LAW’S PERSPECTIVES

<p>Having advantages of consensus mechanism in decentralizing data transaction which potentially eliminates the need for third-party intermediaries, blockchain has the potential to revolutionize markets industry to decrease the showcase control of today’s centralized stages by utilizing the internet. Blockchain has been rising innovation in Indonesia, demonstrated by establishment of Indonesia Blockchain Association. Though its application in Indonesia is still restricted to cryptocurrency sector, no question that blockchains will be connected broadly in near future, and unquestionably will influence business competition. Law and technology ought to be thought of as allies-not enemies-as they feature complementary strengths, yet it might also have their curses. Some intriguing articles has even questioned how blockchain would cause the death of anti-trust, the so-called competition law. Meanwhile this article would focus on elaborating consequences of blockchain technology both positive and negative sides in Indonesia Competition Law Perspective, both in substantial and procedural law, using library research, statute, comparative, and conceptual approach.</p>

Premiership Rugby’s Response to COVID-19: A Competition Law Analysis

Professional sport has undoubtedly been hit hard by COVID-19. Clubs and governing bodies have had to adapt rapidly to the public health emergency and have come under great financial and regulatory strain. Some sports have weathered the storm better than others, though, and professional rugby union experienced significant off-field turbulence, with wages reductions seen across the English Premiership. This article will examine the conduct of Premiership Rugby and its clubs during the COVID-19 crisis from a competition law perspective and will argue that, by acting in concert, Premiership and the clubs may have breached UK competition law.

Multi-sided platforms and innovation: A competition law perspective

We propose a simple theoretical model emphasizing the importance of a multi-sided platform (MSP) in fostering innovation. This model aims to assess the effects of structuring industries around an MSP on innovation dynamics and emphasizes the impact of cross-platform competition. It teaches us how to encourage cross-platform competition in terms of competition policy. The outcome is threefold. To begin, the presence of an MSP is critical for market innovation. Second, our findings indicate that skewed market power in favor of the MSP may stifle innovation in this industry, even if the negative impact on the industry’s rate of innovation is not immediately apparent. Finally, we demonstrate that industries with multiple MSPs have a higher rate of innovation. The model’s conclusions emphasize the critical importance of preserving the contestability of digital markets through competition rules enforcement. Even if the inherent technical characteristics of this industry result in a situation of dominance, competition rules should aim to preserve the possibility of market competition through, among other things, interoperability requirements, data portability requirements, and control of exclusivity clauses.