This study aims to find out the development of business competition law in Indonesia as stipulated in Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition ...and its impact on the dynamics of business competition in Indonesia after the enactment of Law Number 6 of 2023 on Stipulation of Government Regulation in Lieu of Law (Government Regulation in Lieu of Law) Number 2 of 2022 concerning Job Creation into Law. This study uses a normative method with a statute approach and a library research approach. The formulation of the problem in this study is the development of business competition law in Indonesia after the enactment of the Government Regulation in Lieu of Law on Job Creation into Law and the impact of the enactment of Law Number 6 of 2023 on the dynamics of business competition in Indonesia. The results showed that the Business Competition Law in Indonesia experienced the first change in terms of substance after the enactment of Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. These changes then led to a shift in the dynamics of the Competition Procedure Law, which was considered regressed. Keywords : Business Competition Law, Business Actors, and Unfair Competition
Globalization is characterized by a process where the economy becomes more tightly integrated and manifested in the form of free trade. Free trade forced by economic globalization has brought adverse ...effects. Some of the harmful effects of free trade include the rise of international cartels, for instance, those involved in price-fixing, bid-rigging, output limitation, and market sharing. This normative legal research aims to examine the application of leniency programs in the enforcement of Competition Law in Singapore and how Indonesia can learn from Singapore. The research indicates that one particular method is commonly used in several countries in the context of law enforcement against cartels, which is known as the leniency program or the Whistleblower. Singapore, as one of the neighboring countries of Indonesia, also applies for the leniency program. As a result, Singapore has successfully resolved many international cartel issues. Consequently, the leniency program gives benefits for providing evidence for related cases. In conclusion, Indonesia should learn from Singapore's experience in implementing the leniency program to prevent the negative effect of free trade, including the proliferating international cartels.
Since March 2024, the undertakings Alphabet/Google, Amazon, Apple, Byte-Dance/TikTok, Meta, and Microsoft must comply with the obligations of the Digital Markets Act (DMA). Within the first month ...after the 6-months implementation period has ended, the European Commission opened investigations against Alphabet/Google, Apple, and Meta for non-compliance with the obligations in the DMA. All proceedings can be traced back to related competition law cases. However, only two proceedings follow the same reasoning as their competition law role models, while the case against Meta reveals that the approaches under the DMA can and will deviate significantly to those under competition law and data protection law.
By their very nature, Special Economic Zones encompass various elements studied in the academic disciplines of economics, political science and law. While their objectives are determined by ...economics, and their structures, implications and limits by law, their implementation requires a certain combination and cooperation of political forces, something which has been the subject of political science enquiries. A conference held at Kyushu University in Fukuoka convened scholars from all these disciplines to put Special Economic Zones into perspective. The papers presented highlighted functions and structures, historical aspects, the political dimension and foreign equivalents of deregulation, the interplay of such zones, and constitutional considerations. Freedom of contract and competition law, plus the effects that these economy-boosting tools may have on labour and innovation are also dealt with.
Growing centralisation in the tech sector is raising global governmental concern, and the winds of change are blowing. Interoperability - in this context, the ability of internet-connected ...technologies to work together, for example by exchanging data and accessing functions remotely - is gaining traction as a component of the coming regulatory and legislative reforms. Against a backdrop of rapidly evolving law and technology, this paper examines how interoperability fits within the existing landscape for competition law, and where it may be interpreted to be applicable to the complex system of data exchanges whose emergence we call the internet.
In the last eight years Poland experienced an illiberal shift. Key elements of constitutional democracy were undermined. The story is well-known to public law scholars, particularly with respect to ...judicial reforms. However, off most people’s radar have been the changes which increased the role of state-controlled and state-owned firms (SOEs) in the Polish economy which have supported Poland’s illiberal tendencies. Pre-election period is illustrative in this respect, with the ruling majority benefitting from various kinds of support from SOEs which undermined a level playing field. The Polish experience arguably sheds light on constitutional democracies’ weaknesses in effectively addressing the links between political and market power which can further democratic backsliding. In this blogpost, I will highlight why the existing legal framework, in particular remedies available in law aimed at imposing limits on the use of market power, i.e. competition law, are insufficient to address this risk and why a broader debate in public law is necessary in this respect.
The settlement procedure in Slovakia stems from three sources of inspiration: top-to-bottom (European Union law), bottom-up (incentive of an undertaking’s lawyer) and horizontal sources (Czechia). ...After more than ten years of application of this feature of Slovak competition law, there are several cases which were settled. These cases show a certain variety from the point of view of the legal basis, the stage of procedure as well as the character or relevance of the case. This makes it possible to assess their features, practice, effects, and consequences of settlements from the empirical point of view. The present paper analyses the legal framework and practice from a historical point of view. It provides a qualitative overview with evaluation of the settlement procedure in the context of European law and the Slovak legal order as well as a quantitative overview based on data extracted from the decisions of the Slovak NCA (PMÚ) and court rulings. In its conclusions it brings forward fresh suggestions de lege ferenda.
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