By Tengku Almira Adlinisa
Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition (March 5, 1999) (the Anti-Monopoly Law) was first enacted in 1999 and has never been amended. However, an amended law has been expected for more than a year. A draft of the new Anti-Monopoly Law (the New Anti-Monopoly Law) was introduced in 2014 but has not been enacted to date.
In 2015, the New Anti-Monopoly Law was included in the 2015 National Legislation Program 2015 (Program Legislasi Nasional or Prolegnas) of the Indonesian Parliament, which means it was one of the laws prioritized for enactment by the Government of Indonesia (the GOI). The Government views that the current Anti-Monopoly Law no longer fulfills the GOI's needs to create a more established competitive regime in Indonesia.
Based on the current draft New Anti-Monopoly Law, there are several major changes that will be introduced. These are:
- Leniency Procedure:or Mandatory Pre-closing Merger Review Filings:Increase in Penalties:New Administrative Sanctions:Expansion of the Definition of Business Actors:
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