Prinsip Rule Of Reason Terhadap Praktik Dugaan Kartel Di Indonesia

Abstract

Unfair business competition is often found in various industries which are called oligopoly markets. The oligopoly market dominates the market of several business actors who have large capital and desire to obtain big profits, but it is often found that business actors practice trade monopolies. The author formulates problems related to how is the principle of the rule of reason applies to the alleged practice of cartels according to Article 11 of Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition? This type of research is normative juridical with a statutory approach and is compiled through qualitative descriptive. The results of this study conclude that the agreement in the practice of cartels is carried out between business actors to influence the marketing of goods to price fixing agreements, while Law Number 5 of 1999 has prohibited the practice of cartels in Indonesia. Thus, this evidence refers to the principle of the rule of reason, namely the alleged occurrence of a price fixing cartel can be proven if there is a negative effect or hinders fair business competition.