Author
Dr Mel Marquis
Organisation/Institution
Monash University, Faculty of Law
Country
AUSTRALIA
Panel
Competition Law
Title
Indonesian merger control and the ASEAN Economic Community: A comparison with the new Australian merger system
Abstract
The paper will critically discuss Indonesian merger control within the context of the ASEAN Economic Community (AEC), using the recent Australian merger reform as a comparative frame of reference. Like Australia, Indonesia recently revised its merger regime and introduced an online filing system. These changes enhance procedural efficiency and align domestic competition policy with AEC objectives such as facilitation of cross-border investment. However, concerns remain regarding regulatory predictability and consistency of enforcement, given Indonesia’s post-merger notification model and dual-nexus requirement for foreign transactions. In Indonesia, no merger has been dissolved, and the existing merger decisions focus on the administrative side of the merger notification regarding late notification of mergers. This practice leads to another concern: the enforcement of the merger regulation focuses more on the bureaucratic procedures than on substantive considerations, such as the impact of the merger on competition. In contrast, Australia’s comprehensive transition from a voluntary, judicially enforced merger regime to a mandatory, suspensory administrative model marks a decisive move toward preemptive oversight of market structures. The reform grants greater power to the Australian Competition and Consumer Commission and establishes a ‘semi-convergent’ model, with distinct Australian characteristics. While both systems aim to protect competition, their effectiveness depends on institutional capacity, legal culture, and regional economic priorities. The paper will argue that Indonesia’s alignment with AEC principles remains partial, hindered by domestic legal fragmentation and limited cross-border enforcement mechanisms. At the same time, the ASEAN frameworks in general, including the ASEAN Regional Guidelines, are non-binding in nature, reflecting the ‘ASEAN’ way. Hence, harmonisation of law in ASEAN is slow, and the legal frameworks in the region are not yet convergent. To be sure, Australia’s new framework does not constitute a ‘ready-to-serve’ solution for ASEAN jurisdictions. Nonetheless, the model presents a useful source of comparison and inspiration for tailored reform.
Biography
Mel Marquis is Deputy Associate Dean at Monash Law School, and a member of the Executive Group of the Centre for Commercial Law and Regulatory Studies (CLARS). He is also an Editor of the academic journal World Competition. He is Managing Editor of a two-volume edited collection titled Australian Competition Law and Economics. Over the years he has published 12 books as author or editor, and has authored several dozen academic papers for law journals and edited works. From January to June 2026 he is Visiting Scholar at Doshisha University in Kyoto, Japan. From 2011 to 2019 he was Part-Time Professor of Law at the European University Institute in Florence, Italy. He has also taught law at several other universities and has been Visiting Professor and/or Chair Professor at universities in Japan and China. He has a Ph.D in Law, an LL.M and a JD degree magna cum laude, as well as a bachelor’s degree in political science. In a previous life he worked as a practicing lawyer in the United States and in Belgium.
