Power to the people: Enhancing competition law enforcement in indonesia through private enforcement

Abstract

For nearly two decades, public enforcement through the Indonesian Competition Authority has been the fulcrum of Indonesia’s competition law enforcement. However, they fail to provide effective judicial redress to victims of competition law infringement due to the absence of clear procedural rules. This article explores the desirability of enhancing Indonesia’s antitrust enforcement through private enforcement. It examines the role of public and private enforcement, and argues that, despite divergences, they complement each other in increasing the overall effectiveness of antitrust enforcement in Indonesia. Subsequently, this article engages in a comparative legal analysis with EU law to provide policy recommendations on how private enforcement can be regulated in Indonesia to enhance the enforcement of its competition regime.