Indonesian competition watchdog to grow teeth for Asean region

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/aec/Indonesian-competition-watchdog-to-grow-teeth-for–30287412.html

Business Competition Supervisory Commission (KPPU) head Syarkawi Rauf, 2nd left, at a discussion on cartels in Surabaya in March 2013. (Photo courtesy of KPPU)
News Desk
The Jakarta Post
HOME AEC AEC NEWS SAT, 4 JUN, 2016 1:00 AM

JAKARTA – Indonesia is preparing a tougher anti-monopoly law, allowing the anti-monopoly body to launch a cross-border probe into Southeast Asia-based entities and raising the maximum fine to 30 per cent of a cartel’s revenue.

The new clauses are among big changes in an amendment of the 1999 anti–monopoly Law approved by a working committee of the Business Competition Supervisory Commission ( KPPU ), according to KPPU head Syarkawi Rauf.

“Under the amendment, the KPPU will impose a 5 per cent to 30 per cent penalty of the cartel revenues. That will create a stronger deterrent effect,” he said in Jakarta on Thursday, as quoted by tribunnews.com.

Under the existing law, the anti–monopoly body can only impose a maximum fine of Rp 25 billion ( US$1.8 million ) regardless of the revenues of the cartel, which according to Syarkawi, could reach hundreds of billions of rupiah.

Another important clause is the broader definition of cartel and the wider jurisdiction that gives the KPPU in launching investigations into Southeast Asia-based companies suspected of involvement in a cartel in Indonesia.

The wider jurisdiction, along with stronger authority, as the KPPU’s status would be upgraded from a commission to a state institution, had been granted to face new challenges in the Asean Economic Community ( AEC ), said Syarkawi.

“The KPPU will be able to launch an investigation. As for the technical aspects, we will regulate them in the supporting regulations […] The KPPU will also be able to fully pardon cartel-linked entities that act as whistleblowers to expose the cartel or monopoly,” he said.

Moreover, the amendment would oblige any corporate action like acquisitions and mergers, which could lead to market domination, to be reported to the KPPU. The anti–monopoly body would then issue a recommendation.

The House of Representatives would finalise the amendment draft at a commission meeting before the House’s Legislation Body ( Baleg ) would include it in plenary scheduling, said Azam Azman Natawijaya, deputy speaker of House Commission VI, which oversees trade, industry and investment.

“I do not think there are significant obstacles at the commission meeting ahead. Hence, the draft can be delivered to Baleg soon. Hopefully, we can pass the amendment into law this year,” he said.

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