Indonesia's Competition Commission (the
KPPU) has issued a new merger control regulation
with revised thresholds for triggering a merger filing in
Indonesia. The changes include, among other things, removing the
filing requirement for transactions that do not have a significant
impact on the Indonesian market, which had contributed to a lengthy
backlog in cases being handled by the KPPU over the past few
years.
In tandem, the government has for the first time introduced a
fee for making merger filings.
Legal Framework
KPPU Regulation No. 3 of 2023 on Evaluation of Mergers,
Consolidations, and Share/Asset Acquisitions (the 2023
Regulation) came into effect on 30 March 2023, replacing
KPPU Regulation No. 3 of 2019 (the 2019
Regulation) on the same topic. The 2023 Regulation appears
to return to some earlier positions in place prior to the 2019
Regulation.
