Cartel Enforcement as a Form of Unfair Competition in Indonesia, the United States, and Japan: A Comparative Analysis
Pri Pambudi Teguh, Ismail Rumadan

Lecturer at the National University of Jakarta Faculty of Law
Lecturer in the Faculty of Law, National University of Jakarta/Legal Researcher at National Research and Innovation Agency

Abstract

Using normative juridical approaches to study legal norms and principles, this paper explores the type of regulation and procedure of law enforcement against business players who practice cartel under competition law in Indonesia, the United States, and Japan. Statutory approach, comparative law approach, and case approach are employed. Between Indonesia, the United States, and Japan, there are substantial disparities in the manner and method of law enforcement, the legal remedies pursued, the use of evidence in revealing cartel behaviors, and the sanctions applied. America is extremely resolute in imposing criminal consequences on commercial actors who engage in cartel practices, but Indonesia is extremely hesitant to do so. Administrative punishments imposed on business actors who breach the Antimonopoly Law and engage in unfair business competition are rarely adhered to in some instances.

Keywords: cartel, competition, law enforcement.

Topic: Law on Bussiness Competition, and Prohibition of Monopoly