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Competition Policy in Indonesia and The New Anti-Monopoly and Fair Competition Law
Thee, Kian Wie
Article from Journal - ilmiah nasional
BIES: Bulletin of Indonesian Economic Studies vol. 38 no. 3 (2002)
anti - monopoly
fair competition law
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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.
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