LEGAL REVIEW OF THE PRACTICE OF CARTEL IN LAW NUMBER 5 YEAR 1999 CONCERNING PROHIBITION OF MONOPOLISTIC PRACTICES AND UNFAIR BUSINESS COMPETITION

Gede Yudha Prasetya, Galang Asmara, Crisdianto Eko Purnomo

Abstract:

A cartel is an agreement of one business actor with a competing business actor to eliminate competition between the two. This agreement is specifically regulated in Article 1 number (7) of Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. With the subject matter of the study, first what is the regulation of the cartel in Law Number 5 Year 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition? And second, how is Modus Operandi carried out by business actors against cartel practices in cases that occur in Indonesia? Based on the results of the study the authors conclude that the first cartel arrangement is contained in Article 11 of Act Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and regulations of the Business Competition Supervisory Commission Number 4 of 2010 concerning the Cartel as guidelines for implementing Article 11. The operandi carried out by business actors in Case Number 08/KPPU-I/2014 is to make arrangements to regulate production by holding meetings but the meeting is aimed at the gathering of members and meals.

 

Keywords: cartel practice, monopolistic practices, and business competition

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