Competition Policy in Indonesia and the New Anti-Monopoly and Fair Competition Law
Kian Thee
Bulletin of Indonesian Economic Studies, 2002, vol. 38, issue 3, 331-342
Abstract:
This paper explores the role of competition policy in shaping a business environment that will encourage firms to improve their efficiency and competitiveness. After discussing the scope and objectives of competition policy, and whether a liberal trade and investment regime can substitute for, or should complement, a competition law, the paper offers an assessment of Indonesia's new competition law. Its shortcomings include a serious lack of clarity about objectives and a confusion between objectives and the means to achieve them; a failure to distinguish between various kinds of monopoly; a tendency to prohibit certain activities and agreements between firms without a clear analysis of the underlying economics involved; unnecessary and counterproductive exemptions from the provisions of the law; and failure to confront the reality that the principal obstacle to competition in the past has been unwarranted government intervention in markets.
Date: 2002
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DOI: 10.1080/00074910215540
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