KETERLAMBATAN PEMBERITAHUAN AKUISISI PADA PERUSAHAAN YANG TERAFILIASI DITINJAU DARI HUKUM PERSAINGAN USAHA DI INDONESIA (Studi Putusan Komisi Pengawas Persaingan Usaha (KPPU) No. 27/KPPU-M/2019)
| Main Author: | Hidayat, Rahmad |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2022
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss4/30 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1153&context=dharmasisya |
Daftar Isi:
- Abstract Whether we realize it or not, business competition between business actors in the relevant market will more or less be affected by the acquisition. Acquisition in business competition has a close relationship with abuse of dominant position in the market which can lead to monopolistic practices and unfair business competition. If the Acquisition is carried out to hinder business competition and the economy, then it is contrary to Article 29 of Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Therefore, the Acquisition should be investigated further to ascertain the extent to which the acquisition may have an impact on business competition. Business actors who make certain acquisitions are required to notify the Business Competition Supervisory Commission (KPPU) in accordance with Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. However, there is an exception to the obligation to notify the acquisition in the event that the acquired company is still an affiliate of the acquiring company. However, there are still differences in interpretation of "affiliate" so that business actors feel they have no obligation to notify the acquisition that has been made. In this research will discuss the legal considerations of the KPPU Council in deciding the violation of the obligation to notify the acquisition of an affiliated company. Keywords: Notification, Acquisition, Competition Law.