The KPPU has handed down two new decisions, penalizing few business actors that violated the antitrust law. The two decisions concerns a case submitted against Carrefour and Bekasi Regional General Hospital.

In the Bekasi Regional General Hospital Case., the KPPU has decided to penalize several parties involved, comprising of 4 Companies, the tender project officer and 2 government officials. KPPU decided that they have breached breach article 22 of law No.5/1999, concerning collusive tendering, a tender where the business players are conspiring to determine the winner of the tender, resulting in an unfair business competition.  In the aforementioned case, the Reported parties has engaged in an collusive tendering in the appointment of medical equipments supplier for the Bekasi Regional General Hospital (RSUD Bekasi).

The parties are forbidden from participating in health equipment tender in the RSUD for 1 year since the verdict was issued.  The penalties ascribe in KPPU decision are toward the bottom scale of available penalties. This was in the consideration that the parties have been cooperative and have already been punished or subjected to punishment recommendation.

Carrefour was alleged for breaching article 19(a)(b), and article 25(1)(a), however on its final decision, the KPPU decided that the breach on article 19 (b) and article 25 (1) were not proven and are subsequently dismissed. The evidences had convinced KPPU that Carrefour was refusing or preventing other market players from Participating in the same activity in the same market, thus breaching article 19(b) of law No. 5/1999. Specifically, Carrefour was placing minus margin terms for the supplier (a term that says if the supplier, in the trading agreement with Carrefour, sells item on the same price to all the modern retail is violated, Carrefour would have the right the set penalty for the suppliers). As a result to this breach, the KPPU punished Carrefour to pay fine in the amount of IDR 1.5 billion Rupiah and to stop the activities that impose minus margin terms to the supplier.  Toward this decision Carrefour are likely to submit an appeal and the law provides 14 days to lodge its appeal.

The KPPU decision on the matter of Carrefour also states that the government should be more proactive in handing and enforcing the prevailing laws and regulation in the retailing and sub-contracting fields. Furthermore, The KPPU also stated that the current law and regulation are insufficient and reccomend the government to draft new and appropriate regulations.

The KPPU started its debut with the Indomobil case several years back, despite its loss in the appeal in that case, KPPU now has taken it job and responsibility seriously and intended to enforce and uphold the prevailing law and regulation regarding antitrust to its fullest extent, this is shown in its decisions and actions. Currently one of KPPU’s pending cases is the Pertamina VLCC case, where it awaits the Supreme Court’s decision. (BG/MMA)