RULE OF REASON AND PER SE ILLEGAL APPROACHES IN ENFORCING THE BUSINESS COMPETITION LAW
Journal Title: YUSTISIA JURNAL HUKUM - Year 2017, Vol 6, Issue 3
Abstract
This article aimed to find out and to give solution to the application of rule of reason and per se illegal approaches in solving the case of monopoly infringement and unfair business competition. This study was a doctrinal research with evaluative research form. The analysis used was deductive logic one. Per se illegal approach used by KPPU in making decision was based on deliberation and focused more on business behavior than on market situation. This rule of reason approach was an approach constructed based on an assumption that the high sale concentration in the presence of certain agreement between some business performers tend to result in substantial economic efficiency. Essentially, this rule of reason approach considered its economic benefit more than imposed restriction (prohibition). Standard rule of reason allows for the consideration of competitive factors and the determination of the feasibility of trading constraint. The recommendation of research was that: The use per se illegal and/or rule of reason in KPPU’s verdict should build on the objective of the development of Law No.5 of 1999, particularly the provision of Article 3, thereby can realize conducive business climate in the certainty of equal business opportunity for large, medium, and small scale employers, and the achievement of effective and efficient business activity. The application of per se illegal or rule of reason approaches in KPPU’s verdict was possible through the use of two approaches all at once, recalling very extreme difference of per se illegal and the rule of reason, and furthermore, most KPPU’s decision put its position between the two perspectives.
Authors and Affiliations
Sufmi Dasco Ahmad
Keywords
Related Articles
- EP ID EP336674
- DOI 10.20961/yustisia.v6i3.15020
- Views 127
- Downloads 0
KAJIAN TERHADAP KEBIJAKAN PEMERINTAH DALAM PEMBERIAN SUBSIDI DI SEKTOR PERUMAHAN
The purpose of this research is to find out the subsidy policy developments in the housing field in Indonesia, and to know the obstacles that hinder the implementation of subsidized housing in Indonesia. This research is...
PERAN SERTA MASYARAKAT DALAM PENGELOLAAN LINGKUNGAN HIDUP MENURUT UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP
community participation in managing environment to be the basic need for all who live physically in an environment changing continually, in the meaning it quality decline continually. Therefore, the community participati...
PELAKSANAAN KEWENANGAN KHUSUS PEMERINTAHAN MENURUT UU NOMOR 11 TAHUN 2006 TENTANG PEMERINTAHAN ACEH (SUATU PENELITIAN DI KABUPATEN ACEH BARAT)
This research is a legal empirical research by using the statute approach. The study is a descriptive analysis. Primary and secondary data used in this study analyzed qualitatively. The results of this research shows tha...
LEGAL PROTECTION TO WOMEN WITH DISABILITIES AS VICTIMS OF SEXUAL VIOLENCE AT THE CIQAL FOUNDATION YOGYAKARTA
The purpose of this research are to know the forms of legal protection to women with disabilities as victims of sexual violence in Yogyakarta and to know obstacles that occur in the legal protection process. This researc...
KONSEP PERLINDUNGAN HUKUM ATAS PRIVASI DAN DATA PRIBADI DIKAITKAN DENGAN PENGGUNAAN CLOUD COMPUTING DI INDONESIA
The increasing use of internet technology has spawned new challenges to the protection of privacy and personal data, especially with the increasing practice of collection, use and dissemination of personal data of a pers...