Competition & Antitrust

Is there Room for Cartel and Collaboration in the New Normal?

Among the many devastating impacts, the COVID-19 outbreak has demonstrated how a pandemic can have a significant and adverse effect on economic activities, both from supply and demand perspectives. Market distortion, disruption of supply-chain and increasing demand for various healthcare products and services are among the main issues sparked by the pandemic.

In responding to these issues, businesses might have contemplated certain collaborative measures to aid in alleviating shortage, ensuring that the public receives reliable supply, helping themselves survive, and even achieve efficiency. However, businesses must be aware that the implementation of those joint measures are not without potential legal implications as they may be recognised as anti-competitive conduct under Indonesian Competition Law.

AHP recently held a webinar on this topic, with Mr. Kurnia Toha, the Chairman of the Indonesia Competition Commission (KPPU), as one of the panellists. This Update sets out the key takeaways from the webinar on any collaborative business measures, particularly those taken during the pandemic.