Rule of Reason Approach to the Examination of Cartel Cases in the Legal of Business Competition

Poernomowati, Poernomowati (2021) Rule of Reason Approach to the Examination of Cartel Cases in the Legal of Business Competition. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Although business competition is actually an affair between businesses, where the government does not need to interfere, but in order to create rules of competition in business competition, the government needs to intervene to protect consumers. Because if this is not done then it is possible that collusion will occur between business people who will make economic inefficiencies, which ultimately consumers will bear the burden of buying goods or services with inadequate prices and quality. One of the effects of globalization is the free market. The domestic market has new challenges to compete with other sellers from abroad. The sellers who come usually come fromdeveloped countries where competition has long been practiced is a cartel. This type of legal research method is also commonly referred to as doctrinal legal research or library research. Named the doctrinal law research because this research was only aimed at written regulations so that this study was very closely related to the library because it would require legal material that was secondary to the library. Entrepreneurs who are members of the Indonesian Employers' Association (Apindo), Kadin, HIPMI, basically, call for cooperation between business actors with one another to seek profits that are permissible, as long as they do not violate state provisions. What is not permissible is if the cooperation harms other business actors which results in unfair business competition. Business actors incorporated in various associations in the discussion of amendments to Law No. 5 years 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, also has a concept for the revision of the Law. The Amendment to the Law on the Prohibition of Monopolistic Practices and Unfair Business Competition is considered to only accommodate the interests of one party, namely the Business Competition Supervisory Commission (KPPU). Business actors in the Law include objections, among others, changes in fines violating the competition law. maximum 30% of turnover. Keywords: Business Competition, Cartel, Impact of Cartel, and KPPU Law Enforcement Weak

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