Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition
On several occasions, Indonesian competition authorities have attempted to apply Article 14 to adjudicate violations related to vertical integration practices; however, these attempts were invalidated at the objection and cassation levels. The criteria utilized include the concepts of unfair busines...
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| Format: | Article |
| Language: | English |
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Universitas Negeri Semarang
2024-12-01
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| Series: | Journal of Law and Legal Reform |
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| Online Access: | https://journal.unnes.ac.id/journals/jllr/article/view/12437 |
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| author | Anna Maria Tri Anggraini Ahmad Sabirin Maria Silvya Elisabeth Wangga Sharda Abrianti Serena Ortigosa Fernandez |
| author_facet | Anna Maria Tri Anggraini Ahmad Sabirin Maria Silvya Elisabeth Wangga Sharda Abrianti Serena Ortigosa Fernandez |
| author_sort | Anna Maria Tri Anggraini |
| collection | DOAJ |
| description | On several occasions, Indonesian competition authorities have attempted to apply Article 14 to adjudicate violations related to vertical integration practices; however, these attempts were invalidated at the objection and cassation levels. The criteria utilized include the concepts of unfair business competition and public harm, as these terms are instrumental in determining the impacts of violations concerning vertical integration. This research aims to examine the legal approaches employed by Indonesian competition authorities in addressing vertical integration, with a particular focus on the technology sector. The findings indicate that the criteria for assessing whether vertical integration constitutes a violation of unfair business competition vary among Indonesia, the United States, and the European Union. In Indonesia, the emphasis is on preventing the exclusion of access to essential raw materials or significant buyers, utilizing the Rule of Reason approach. In contrast, the U.S. evaluates public detriment by balancing fairness and competitive benefits, whereas the EU focuses on market dominance and its potential to reduce competition. Despite these variations, all three jurisdictions share a common objective of enhancing consumer welfare and promoting competitive market conditions, with specific regard to differing regulations on online sales restrictions. |
| format | Article |
| id | doaj-art-44d32efb8d58432387f6ec66caf239b3 |
| institution | Kabale University |
| issn | 2715-0941 2715-0968 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Universitas Negeri Semarang |
| record_format | Article |
| series | Journal of Law and Legal Reform |
| spelling | doaj-art-44d32efb8d58432387f6ec66caf239b32025-02-12T05:42:30ZengUniversitas Negeri SemarangJournal of Law and Legal Reform2715-09412715-09682024-12-01541697173610.15294/jllr.v5i4.1243712449Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair CompetitionAnna Maria Tri Anggraini0https://orcid.org/0000-0002-7859-3235Ahmad Sabirin1https://orcid.org/0000-0002-8209-6581Maria Silvya Elisabeth Wangga2https://orcid.org/0000-0001-5655-8941Sharda Abrianti3Serena Ortigosa Fernandez4Faculty of Law, Universitas TrisaktiFaculty of Social Sciences, Universitas Islam Internasional IndonesiaFaculty of Law, Universitas TrisaktiFaculty of Law, Universitas TrisaktiFaculty of Law, Laval UniversityOn several occasions, Indonesian competition authorities have attempted to apply Article 14 to adjudicate violations related to vertical integration practices; however, these attempts were invalidated at the objection and cassation levels. The criteria utilized include the concepts of unfair business competition and public harm, as these terms are instrumental in determining the impacts of violations concerning vertical integration. This research aims to examine the legal approaches employed by Indonesian competition authorities in addressing vertical integration, with a particular focus on the technology sector. The findings indicate that the criteria for assessing whether vertical integration constitutes a violation of unfair business competition vary among Indonesia, the United States, and the European Union. In Indonesia, the emphasis is on preventing the exclusion of access to essential raw materials or significant buyers, utilizing the Rule of Reason approach. In contrast, the U.S. evaluates public detriment by balancing fairness and competitive benefits, whereas the EU focuses on market dominance and its potential to reduce competition. Despite these variations, all three jurisdictions share a common objective of enhancing consumer welfare and promoting competitive market conditions, with specific regard to differing regulations on online sales restrictions.https://journal.unnes.ac.id/journals/jllr/article/view/12437technology sectorunfair competitionvertical integration |
| spellingShingle | Anna Maria Tri Anggraini Ahmad Sabirin Maria Silvya Elisabeth Wangga Sharda Abrianti Serena Ortigosa Fernandez Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition Journal of Law and Legal Reform technology sector unfair competition vertical integration |
| title | Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition |
| title_full | Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition |
| title_fullStr | Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition |
| title_full_unstemmed | Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition |
| title_short | Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition |
| title_sort | measuring vertical integration in the technology sector indonesia the us and the eu in unfair competition |
| topic | technology sector unfair competition vertical integration |
| url | https://journal.unnes.ac.id/journals/jllr/article/view/12437 |
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