Author
Assoc Prof Sih Yuliana Wahyuningtyas
Organisation/Institution
Atma Jaya Catholic University of Indonesia (Jakarta)
Country
INDONESIA
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
Dr. Wahyuningtyas is an Associate Professor at Atma Jaya Catholic University of Indonesia. She earned her Doctorate in competition law from Ludwig-Maximilian-University, during which she became a guest researcher at Max-Planck-Institute for Competition Law and Innovation (Munich, Germany, 2005-2011) and completed her Postdoctoral studies at the Centre for IT and IP (CITIP) KU Leuven (Leuven, Belgium, 2013-2015). In 2015, she returned to Indonesia and continued to teach at Atma Jaya Catholic University of Indonesia. Since June 2020, she has been assigned as the Director of the Institute for Research and Community Development at Atma Jaya Catholic University of Indonesia. Her research interests focus on competition law and policy, data protection, cyber law, IPR, and their intersections. She supports the Indonesian Competition Commission (ICC) in developing competition law in digital markets guidelines and the Government in drafting data protection regulations. The most recent highlighted works are GIZ projects on dark patterns and consumer protection in ASEAN and Education Ministry-funded projects on biometric data protection in immersive technologies. Both individually and in collaboration with esteemed scholars worldwide, she has published extensive articles in reputable international journals and book chapters in international books with reputable publishers. She is also a peer reviewer and correspondent for Indonesia for GRUR International, a profound and reputable international journal of European and International IP Law co-published in English by Oxford University Press.
