The Indonesian Commercial Court renders its first decision following the appeal procedure changes for competition cases

05 April 2021

On 4 March 2021, the Commercial Court division of the Central Jakarta District Court upheld a decision of the Indonesian Competition Commission (Komisi Pengawas Persaingan Usaha, KPPU) in an objection filed by PT Conch South Kalimantan Cement (Conch) regarding Case No.03/KPPU-L/2020 (the Cement Case). The case concerned a violation of Article 20 of Law No.5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition (Competition Law).

The Cement Case marked the first decision handed down by the Commercial Court following an appeal against a KPPU decision after the enactment of Law No.11 of 2020 on Job Creation (popularly referred to as the Omnibus Law), a law that recently introduced many important changes to a wide variety of laws to boost domestic growth and investment, and Government Regulation No.44 of 2021 on the Implementation of the Prohibition of Monopolistic Practices and Unfair Business Competition (New Competition Regulation).

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