PENERAPAN PENDEKATAN "RULE OF REASON" DAN "PER SE ILLEGAL" DALAM HUKUM PERSAINGAN
| Main Author: | Anggraini, Tri |
|---|---|
| Format: | Article eJournal |
| Bahasa: | eng |
| Terbitan: |
[ 8 ] JURNAL HUKUM BISNIS
, 2012
|
| Online Access: |
http://lib.law.ugm.ac.id/ojs/index.php/jhb/article/view/1921 |
Daftar Isi:
- Rule of reason is an approach to evaluate the excess of certain business agreements or activities in order to declare whether or not the business agreements or activities hamper or support to competition. Per se illegal is an approach to affirm that such business agrement or activity is illegal without necessarily finding out a further evidence of the business excess. The benefit of using per se illegal method is simplicity and clarity in administrative process, besides it is more powerfull in self-enforcing than prohibitions that depend upon impact evaluation of market complex. Whereas the advantage of rule of reason is to recognise whether or not such business men activity has implication on fairness competition through economy analysis.