logo-ahplogo-ahplogo-ahplogo-ahp
  • Home
  • Firm
    • About Us
    • Careers
    • Linked Stream
  • Solutions
      • Anticorruption & Good Corporate Governance
      • Banking & Finance
      • Capital Markets
      • Competition Law
      • Debt & Corporate Restructuring
      • Dispute Resolution
      • Energy, Oil & Gas
      • Foreign Direct Investment
      • Fraud & Forensics Investigation
      • Intellectual Property
      • Islamic Finance
      • Labor Law
      • Mergers & Acquisitions
      • Projects & Natural Resources
      • Real Property
      • Shipping & Aviation
      • Tax & Customs Services
      • Telecommunications & Media
  • Members
  • Events
    • News & Insights
  • Rajah Tann Asia
✕
            No results See all results

            KPPU Announces Relaxing of Competition Law Enforcement

            In light of the current health crisis and as detailed in our previous client update (click here to read), the Chairman of the Indonesia Competition Commission (“KPPU“) has expressed his support for businesses to collaborate. Subsequently, on 9 November 2020, the KPPU published KPPU Regulation No. 3 of 2020 on the Relaxation of Legal Enforcement of Monopoly Practices and Unfair Business Competition and Monitoring of Partnership Implementation to Support the National Economic Recovery to specify the criteria and form of relaxation in its enforcement.

            Under the new regulation, businesses can now benefit from the following relaxation:

            1. procurement using State Budget or Regional Budget can be done to:
              1. fulfil medical needs or provide supporting facilities to handle Covid-19, e.g. the procurement of medicine, vaccine, construction of emergency hospitals, the appointment of hotels or buildings for isolation, and other medical needs and supporting facilities to handle Covid-19; and
              2. distribute social assistance and social safety net from the government to the public;
            2. approval of an agreement, activity, and/or the use of dominant position to handle Covid-19 and/or to increase the economic ability of a business (“Approval“);
            3. extension of the deadline to submit the mandatory post-closing notification to the KPPU from 30 to 60 business days as of the effective date; and
            4. extension of the period of written warning in the partnership monitoring procedure from 14 to 30 business days.

            Procedure and Timeline

            To obtain Approval, a company must submit a written request to the KPPU either electronically or physically. Within 14 business days from receipt of the request, the KPPU must issue a decree to approve, conditionally approve, or reject the request. If no such decree is issued within 14 days, the KPPU will be deemed to have issued an approval.

            Key Takeaways

            The regulation also provides that in the event that there are differences between the new regulation and other KPPU regulations, the more favourable provisions will apply, provided that the matter is still ongoing and have not entered into the preliminary examination stage.

            For now, while this regulation is certainly business friendly and will help alleviate burdens for businesses during this time, its detailed application remains to be seen and we recommend that businesses assess the potential risks before utilising the new regulation.

             

            Contacts

             

            HMBC Rikrik Rizkiyana
            Partner

            D (62) 21 2555 7855
            F (62) 21 2555 7899
            rikrik.rizkiyana@ahp.id

            Farid Fauzi Nasution
            Partner

            D (62) 21 2555 9998
            F (62) 21 2555 7899
            farid.nasution@ahp.id

            Vovo Iswanto
            Of Counsel

            D (62) 21 2555 9938
            F (62) 21 2555 7899
            vovo.iswanto@ahp.id

             

            Anastasia Pritahayu R. D., Wisnu Wardhana, Ingrid Gratsya Zega and M. Ridha Thanthawi also contributed to this alert.

             

            More Articles

            • Regional Trade Highlights 2022
              January 30, 2023
            • Indonesia Expands Its Anti-Tax-Avoidance Measures: A Development to be Aware of in Tax Planning and Compliance
              January 27, 2023
            • Dissecting the Amendment to the Omnibus Law: Which Sectors are Affected and How?
              January 20, 2023
            • A New Rule Requires Importers of Software or Other Digital Products via Electronic Transmission to Fulfil Customs Obligations
              January 16, 2023
            • Rajah & Tann Asia Member Firms, Members of Lifesciences Asia-Pacific Network (LAN), Contribute to the Singapore and Indonesia Chapters of Comparative Study: Patent Linkage Systems in APAC
              January 13, 2023
            • Indonesia’s New Criminal Code Introduces Corporate Crime
              January 4, 2023
            • A Practical Guide to Getting Your Organisation PDP Law-Ready
              December 1, 2022
            • Shipping Law Updates
              November 16, 2022
            • Arb-Med-Arb: An Effort to Enhance Amicable Dispute Resolution
              September 30, 2022
            • Five Burning Questions about the Indonesian Personal Data Protection Bill
              September 27, 2022
            By Practice Area
            • Projects & Energy
            • Technology Media & Telecommunications
            • Intellectual Property
            • Real Property
            • Banking & Finance
            • Capital Markets
            • Competition
            • Mergers & Acquisitions
            • Dispute Resolution
            • Tax and Customs

            Jakarta Office

            Capital Place, Level 36 & 37
            Jalan Jenderal Gatot Subroto Kav. 18
            Jakarta 12710,
            Indonesia

            Phone: +62 21 2555 7800
            Fax: +62 21 2555 7899
            Email: info@ahp.id


            Subcribe

            Surabaya Office

            Pakuwon Center, Superblok Tunjungan City
            Lantai 11, Unit 08
            Jalan Embong Malang No. 1, 3, 5,
            Surabaya 60261
            Indonesia

            Phone: +62 31 5116 4550
            Fax: +62 31 5116 4560

            Assegaf Hamzah & Partners


            © 2001 - 2022 Assegaf Hamzah & Partners. All rights reserved.

            Rajah & Tann Asia is a network of legal practices based in Asia.

            Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client.

            This website is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this website.