Joint Fighting Against Cartel Practices in The Member States of The Regional Economic Zone

Anna Maria Tri Anggraini

Abstract


In general terms, a cartel is considered as a form of agreement between competitors in a similar industry whose purpose is for maximizing profit only for the members of the cartel. There are several principle considerations regarding the establishment of the cartel, such as the mechanism of how the cartel works, how to reveal the cartel and the impact for the competition as well as for the consumers. These understandings are needed in order to handle cartel practices appropriately, both from the aspect of prevention as well as law enforcement. Most of all, countries that are doing an action to fight against cartels will face various obstacles and challenges in order to overcome this practice. The states which are incorporated in a regional economic zone, such as the Association of Southeast Asian Nations (ASEAN), have performed a cooperative action that agrees together to fight against the cartel. This cooperation is executed by doing strategic steps from the level of investigation, starting from detecting, doing a pre-investigation appraisal, investigation planning, and resourcing, as well as making strategies for investigation progress and preparing written recommendations.


Keywords


Anti-Monopoly Law, cartel, customers, economic zone

Full Text:

PDF

References


Article 101 of the Treaty on the Functioning of the European Union (TFEU).

Act Number 5 Year 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition.

Competition Act of 2004, Functions and Duties of Commission.

ASEAN Secretariat, “ASEAN Regional Guidelines on Competition Policy”, 2010.

Calzado, Javier Ruiz and Gianni De Stefano, “Rights of Defence in Cartel Proceedings: Some Ideas for Manageable Improvements”, Latham & Watkins - Article Reprint, p.6-8, https://www.lw.com/thoughtLeadership/ rights-of-defence-in-cartel-proceedings, accessed January 16, 2017.

Cassey Lee dan Yoshifumi Fukunaga, “ASEAN Regional Cooperation on Competition Policy”, ERIA Discussion Paper Series, http://www.eria.org/ERIA-DP-2013-03.pdf.

Clause 40 of Finding of an Infringement of Competition Act 2010.

He, Jiajie. “Normative Power in the EU and ASEAN: Why They Diverge”, International Studies Review (2016) 18, p. 92.

Italianer, Alexander. “Fighting Cartels in Europe And The US: Different Systems, Common Goals”, Annual Conference of the International Bar Association (IBA), Boston, October 9, 2013.

Lowe, Philip. “Cartels, Fines, and Due Process”, The Online Magazine for Global Competition Policy (GCP), June 2009, Release Two, p.6.

Mokhamad Khoirul Huda et. al., “Harmonizing Competition Law In The Asean Economic Community”, International Journal of Business, Economics and Law, Vol. 9, April 4, 2016, p.50-51.

Monti, Mario. “Why should we be concerned with cartels and collusive behaviour?”, (Göteborg: Elanders Graphic Systems, 2001), p.15.

OECD, “Improving International Co-operation in Cartel Investigations”, Global Forum on Competition, November 30, 2012, p.1.

OECD, “Prosecuting Cartels Without Direct Evidence”, DAF/COMP/GF(2006)7, September 11, 2006, https://www.oecd.org/daf/competition/prosecutionandlawenforcement/37391162.pdf, accessed March 17, 2017.

KPPU Decision in Case No. 08/KPPU-I/2014 concerning the Violation of Article 5 paragraph (1) and Article 11 of Law Number 5 Year 1999 in the Automotive Industry related to the Four-Wheeled Vehicles Tyre Cartel.

KPPU Decision in Case No. 10/KPPU-I/2015 concerning the Alleged Violation of Article 11 and Article 19 sub-article c of Law Number 5 Year 1999 concerning the Prohibtion of Monopolistic Practices and Unfair Business Competition in the Trade of Imported Beef in Jakarta, Bogor, Depok, Tangerang, and Bekasi.

Shiau, Daren and Elsa Chen, “ASEAN Developments in Merger Control”, Journal of European Competition Law & Practice, Vol. 5, No. 3, p.149, 2014.

Singham, Gerald, et. al., “Competition Laws in ASEAN-Overview of The Main Prohibitions”, Competition Law Alert, June 2013, file:///C:/Users/anna%20maria/Downloads/Competition%20Law%20in%20ASEAN%20(2).pdf, accessed March 5, 2017.

The 6th ASEAN Competition Conference, 27-28 July 2016, Bangkok, Thailand. http://asean.org/asean-combat-cartels-region/, accessed March 12, 2017.




DOI: https://doi.org/10.31098/ic-smart.v1i1.39

Article Metrics

Abstract view : 106 times
PDF - 5 times

Refbacks

  • There are currently no refbacks.


Copyright (c) 2020 Anna Maria Tri Anggraini

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

PUBLISHED BY:

IKATAN DOSEN REPUBLIK INDONESIA, RSF PRESS & RESEARCH SYNERGY FOUNDATION

Proceeding on International Conference of Science Management Art Research Technology (IC-SMART). 

Mailing Address: 
Research Synergy Foundation
Jalan Nyaman no 31 
Komplek Sinergi Antapani 
Bandung 40291 - Indonesia. 

Email:info@icsmartconference.com

 
The Proceeding on on International Conference of Science Management Art Research Technology (IC-SMART) is indexed by:
 
  
 
 
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.