Detail The Sanction of Merger Cancellation Found in Government Regulation No. 57 Year 2010 and its Irrelevance in the Merger Control Context (Asian Law Institute, Working Paper Series No. 020) Bibliografi Author: Baskara, Agustinus Prajaka Wahyu Bahasa: (EN )     Penerbit: Asian Law Institute     Tempat Terbit: Singapore    Tahun Terbit: 2010     Jenis: Research Report Fulltext: Working paper ASLI - Agustinus Prajaka - text optim.pdf (1.28MB; 2 download) Abstract After waiting lor more than 10 years,.Indonesia finally enacted the Government Regulation No. 57/2010 concerning the Merger or Consolidation of Business Entities and the Acquisition of Company Shares that could result in Monopolistic Practices and/or Unfair Business Competition on July 20, 2010. This regulation implements the regulations required by articles 28 and 29 of Law No. 5/1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. In paragraph 3 of article 28 of this law, it is stated that "further provisions regarding the prohibition of mergers or consolidations of business entities as referred to in paragraph 1 and provisions concerning the acquisitions of shares in other companies as referred to in paragraph 2 shall be stipulated in a government regulation". And also in paragraph 2 of article 29 of this law, it is clearly stated that "provisions regarding the determination of assets value and or sales value as well as the procedure of notification as referred to in paragraph 1 shall be stipulated in the government regulation". This paper is based on the hypothesis that mergers are good but must be controlled. This is because those which are not properly controlled will result in market domination that may potentially lead to anti-competitive practices. This paper will discuss the issues related to the relevance of merger cancellation as a sanction aimed at maintaining the spirit of fair business competition. If we look at the title of the government regulation, the approach used is the 'rule of reason'. Referring to the 'rule of reason' approach adopted in article 28, an action can be determined only in terms of the extent it results in unfair competition. The most relevant thing is thus its impact, and not the merger itself In fact, the overriding issue is the misuse of a merger to introduce monopolistic practices and/or unfair business competition. Related courses FHK 408 - HUKUM PERSAINGAN USAHA (Bacaan Wajib) Opini Anda Klik untuk menuliskan opini Anda tentang koleksi ini! Lihat Sejarah Pengadaan  Konversi Metadata   Kembali

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