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ARTICLE · 22 FEBRUARY 2016

Cartels: Enforcement, Appeals & Damages Actions - Fourth Edition

Makarim & Taira S.
Explore more from Makarim & Taira S.

Under Republic of Indonesia Law Number 5 of 1999 regarding Monopolistic Practices and Unfair Business Competition (the Indonesian Competition Law or "ICL"), cartels are regulated as follows.

IndonesiaAntitrust/Competition Law
Anang Triyono
Anang Triyono
Rinjani Indah Lestari
Rinjani Indah Lestari
Ben Clanchy
Ben Clanchy

Overview of the law and enforcement regime relating to cartels

Under Republic of Indonesia Law Number 5 of 1999 regarding Monopolistic Practices and Unfair Business Competition (the Indonesian Competition Law or "ICL"), cartels are regulated as follows.

Law No. 5 defines an "agreement" as "an action by one or more entrepreneurs to bind themselves to one or more other entrepreneurs under any name, whether entered into in writing or not".

Under the ICL, cartel behaviour falls under several articles, as follows:

(a) Article 5, which prohibits price-fixing agreements between competing business actors, and states that:

"Business actors are prohibited from entering into any agreement with competitors in order to fix prices for certain goods and/or services to be borne by the consumers or clients in the same relevant market";

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