Joint fighting against cartel practices in the member states of the regional economic zone

Anggraini, Anna Maria Tri (2017) Joint fighting against cartel practices in the member states of the regional economic zone. In: 14th ASLI Conference 2017: A Uniting Force? - 'Asian Values' and the Law, 18-19 Mei 2017, Manila, Philippines.

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In general term, cartel is considered as a form of agreement between competitors in a similar industry whose purpose is for maximizing profit only for the members of cartel. The competition authority of Indonesia, Commission for the Supervision of Business Competition (KPPU), is now vigorously fighting against cartel practices in various business fields. There are several principle considerations regarding the establishment of cartel, such as the mechanism of how the cartel works, how to reveal the cartel, and the impact for the competition as well as for the consumers. These understandings are needed in order to handle cartel practices appropriately, both from the aspect of prevention as well as law enforcement. Preventive action is carried out by establishing rules and policies whose purpose is for giving a limitations regarding the permissible or impermissible actions when the business actors of similar business gather, as is usually organized by any trade associations. Repressive action, as an action to make deterrent effect, can be executed by penalizing them a significant fine, even by a criminal threat. Most of all countries that are doing an action to fight against cartel will face various obstacles and challenges in order to overcome this practice. The states which are incorporated in a regional economic zone, such as Association of Southeast Asian Nations (ASEAN), have performed a cooperative action that agrees together to fight against cartel. This cooperation is executed by doing strategic steps from the level of investigation, starting from detecting, doing a pre-investigation appraisal, investigation planning and resourcing, as well as making strategies for investigation progress and preparing written recommendations. One of the efforts in order to handle cartel practices which is regarded efficient enough is called leniency program, where the Indonesian parliament is still drafting it in the amendment of its Anti-Monopoly Law

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Undergraduate Program in Law
Depositing User: FH Universitas Trisakti
Date Deposited: 23 Aug 2020 00:53
Last Modified: 23 Aug 2020 00:53

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