Author
Prof Udin Silalahi
Organisation/Institution
Universitas Pelita Harapan, Faculty of Law
Country
INDONESIA
Panel
Competition Law
Title
Enforcing Indonesian Competition Law in Digital Markets in Indonesia: Challenges and Opportunities
Abstract
Abstract In one hand the Government of Indonesia encourages the growth of the digital ecosystem through startup companies which are one of the motors of the economy. And in the other hand the Indonesian Competition Commission (ICC) shall oversee and protect the competition in the digital markets so that every single undertaking may carry out his business without restrictions and for a while Indonesian competition law does not cover the digital markets. The current Indonesian competition law is just to rule the competition in the traditional market. While the digital markets is such as platforms have different characteristic in comparing to the traditional market. Markets in the digital markets need to be defined in order to assess the competitive forces at play for a certain product or service. By this means, market definition establishes a legal, normative picture of that part of the economy that is of relevance for the case. And platforms are characterised by having several market sides (multi-sided markets). In May 2021 Gojek acquired Tokopedia and become GoTo and it has been notified to ICC and ICC has done assessment by using Indonesian competition law without considering that the market is digital and the ICC announced that GoTo has no dominant position and Tokopedia and Gojek were not in the same relevant market and ICC determined that GoTo has no potential to conduct unfair competition. GoTo received no objection letter from ICC. This study aims to elaborate on some digital markets cases and how ICC handled the case without having digital markets provisions what are the challenges and is there any opportunity to apply the Indonesia competition law in digital markets in the future. Keywords: Indonesian Competition Law, digital markets, big data, network effects.
Biography
Short Bio Prof. Dr. jur. Udin Silalahi, SH,. LL.M Prof. Dr. jur. Udin Silalahi, SH., LL.M received his Bachelor of Law from the University of Atma Jaya Yogayakarta in 1985 and immediately joined the CSIS in mid of 1986. In 1995, he obtained his Master of Law from the University Friedrich-Alexander Erlangen-Nuernberg, Erlangen, Germany. He received his doctor degree with magna cum laude in Law in February 2001 from the University of Friedrich-Alexander Erlangen-Nuernberg, Germany. His dissertation entitled: “Merger control in Indonesia according to the Government Regulation No. 27/1998 and the Law No. 5/1999 in comparison with German and European merger control”. Since 2009 Udin Silalahi joins Faculty of Law Universitas Pelita Harapan as a Lecturer, and currently as Department Chair Law Program Medan Campus and as Editor in Chief Global Legal Review, Faculty of Law Universitas Pelita Harapan, Indonesia and part time lecturer at School of Strategic and Global Studies, University of Indonesia, in European Studies, Jakarta. He is teaching the subject of competition law and bankruptcy law. His research interests are antitrust and competition law, comparative competition law, competition policy, merger and acquisition and political economy and as well as bankruptcy law.
