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Kuliah Kapita Selekta Hukum Bisnis

20 Mei 2016
GENERAL CONCEPT

Restricted
Agreements
Abuse of
Dominant Restricted
Position Activities

Antimonop
oly Law

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Restricted Agreement
Cartel
Restricted Activities
Monopoly
Dominant Position
Abuse of Dominant Position
KPPU: Komisi Pengawas Persaingan Usaha
Criminal Fine 1 – 100 Billions Rupiah Or
Imprisonment replace Fine → 3-6 months
Subsidiary: Revocation Licenceses
Administration: determination of cancellation of agreements, Pay
Compesansation
KPPU Decision → Counter to District Court → Cassation to Supreme
Court

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Horizontal Agreement :
Among competitor in the same level

Vertical Agreement :
Among businessman in different level
Agreement : Written or Gentlemen Agreement

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Determination Price
X Determination the same price for same product and in
the same market
X predatory pricing

Market Share
X Allocation Area
X Allocation Costumer no to predator each other between
the producer
X Allocation Product, agree to not produce the same
product between the producer

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Cartel

Oligopoly

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X discrimination

X Resale Price

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Price fixing

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Monopoly

Conspiracy

Sharing Information

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X Market Control

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Dominant Position: The market share for the type of
goods/services
1 Businessmen dominate ≥ 50%; or
2/3 Businessmen dominate ≥ 75%

Dominant Position itself is not a problem, so long as no


abuse of dominant position

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Thank you

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