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Founded in 2018
English
Pengacara & Konsultan Hukum S. Jihan Syahfauziah, S.H., based in Madiun, East Java, offers over seven years of legal expertise, serving clients across Madiun and neighboring major cities. The firm specializes in family law, business law, real estate, taxation, and litigation, providing practical,...

Founded in 2010
3 people in their team
English
Pengacara Madiun Pram & Partners is a Madiun-based legal practice founded in 2010 that focuses on criminal, civil, corporate and family law matters, with particular expertise in divorce proceedings. The firm is led by Pramadya Khairul Awaludin, SH, MH and a small team of partners and advocates who...
KANTOR ADVOKAT FAI MADIUN
Madiun, Indonesia

English
KANTOR ADVOKAT FAI MADIUN stands out in Indonesia's legal landscape with a strong focus on providing comprehensive legal services across a range of practice areas, including criminal defense, divorce law, and broader legal affairs. The firm’s team, composed of highly skilled attorneys with...
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Indonesia Antitrust Litigation Legal Questions answered by Lawyers

Browse our 1 legal question about Antitrust Litigation in Indonesia and read the lawyer answers, or ask your own questions for free.

How can my logistics company appeal a heavy fine imposed by the [company removed] for alleged price-fixing in Indonesia?
Corporate & Commercial Antitrust Litigation
Our shipping business in Jakarta was recently accused of colluding with competitors to set standard delivery rates, resulting in a massive penalty from the [company removed]. We believe the evidence against us is purely circumstantial and that our rates simply reflected rising fuel costs. We need to know the legal... Read more →
Lawyer answer by MSP Law Office

Thank you for your question. We understand that your logistics company received a penalty from the Indonesia Competition Commission (KPPU) for an alleged price-fixing agreement with competitors, while your company believes the pricing policy was based on increased operational costs...

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1 answer •

How competition disputes involving Madiun businesses are handled

Competition law applies in Madiun under national Indonesian rules; there is no separate local antitrust code or specialist competition court. A dispute may concern price-fixing, bid coordination, exclusionary conduct, abuse of a dominant position, or a merger that should have been notified to the competition authority.

The main enforcement body is the Indonesian Competition Commission, known as KPPU. It investigates suspected violations and can impose administrative sanctions. A business challenging a KPPU decision may seek review in the competent Commercial Court; for East Java, that is generally the Commercial Court at the Surabaya District Court.

Local context can matter when evidence concerns tenders run by Madiun City or Madiun Regency, or sales and distribution involving businesses in the area. A procurement objection and a KPPU competition complaint are separate processes, so a lawyer can help identify which route fits the issue.

When a lawyer can help with a Madiun competition dispute

  • A suspected tender arrangement: You bid on a Madiun City or Madiun Regency procurement and see signs that bidders coordinated prices, bids, or withdrawals. A lawyer can help preserve records and distinguish a competition complaint from a procurement challenge.
  • Pressure from a supplier or distributor: A business serving customers in Madiun is told to follow resale prices, avoid certain customers, or accept restrictive distribution terms. Legal advice can assess whether the conduct raises a competition concern.
  • Competitors appear to coordinate: Rival businesses exchange sensitive pricing information or appear to divide customers or territories. A lawyer can assess the evidence and the risks of making contact with competitors while the matter is reviewed.
  • A dominant supplier restricts access: A business cannot obtain an important input or reach a sales channel after a powerful supplier changes its terms. Advice can help test whether the restriction may breach competition rules or has a legitimate explanation.
  • KPPU contacts your business: Your business receives a request for information, summons, or notice of an investigation concerning conduct in Madiun or elsewhere in East Java. Counsel can help prepare a complete, consistent response and protect confidential information.
  • A merger or acquisition affects your business: A transaction involving an Indonesian company may trigger post-merger notification duties, even when one party operates in Madiun. A lawyer can check the current rules and filing requirements before deadlines pass.

Indonesian competition laws that apply in Madiun

Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition is the principal competition statute. It was amended by Law No. 6 of 2023, which took effect when promulgated on 31 March 2023.

Government Regulation No. 44 of 2021 implements the prohibition of monopolistic practices and unfair business competition. It was promulgated on 2 February 2021 and addresses matters including KPPU enforcement and administrative sanctions.

Supreme Court Regulation No. 3 of 2021 sets out procedures for filing and examining objections to KPPU decisions in Commercial Courts. These national rules apply to Madiun disputes; local procurement procedures may apply separately where a public tender is involved.

Frequently asked questions

Does every price increase violate competition law?

No. A price increase alone does not establish a violation. The assessment depends on the market, the businesses’ conduct, and evidence of prohibited coordination or other conduct covered by the law.

Can a Madiun business report suspected collusion?

A business or other affected person can provide information or a report to KPPU. Making a report does not automatically make the reporter a party to an investigation or guarantee that KPPU will open a case.

Who can challenge a KPPU decision?

A business that is subject to a KPPU decision may be able to file an objection under the applicable rules. A lawyer can check the decision, the business’s status, and the filing requirements before the deadline.

Which court hears an objection to a KPPU decision involving Madiun?

Objections are heard by a Commercial Court, not a separate Madiun competition court. For East Java, the competent court is generally the Commercial Court at the Surabaya District Court; confirm venue for the particular case.

How quickly must an objection be filed?

The filing period is short and runs from the relevant notification of the KPPU decision. The applicable rules provide a 14-day period, so obtain advice promptly and verify how the deadline is calculated for the case.

What evidence should a business preserve?

Keep tender documents, contracts, invoices, price lists, emails, messages, meeting notes, and records of supplier or competitor contacts. Preserve original files and avoid altering or deleting potentially relevant material.

Is a procurement objection the same as a KPPU complaint?

No. A procurement objection concerns the tender process and follows the relevant procurement procedures. A KPPU report asks the competition authority to assess possible unfair competition; one issue may call for both routes.

Can a business claim compensation through a KPPU case?

KPPU proceedings primarily address enforcement and administrative sanctions. A claim for compensation may require a separate legal route and evidence of loss, so obtain advice before assuming a KPPU complaint will provide damages.

How much does a competition lawyer cost?

There is no single fixed lawyer fee for a competition dispute in Madiun. Ask for a written estimate covering the investigation or court stages, expected disbursements, and any separate procurement work.

How long does a competition case take?

Timing depends on the investigation, evidence, procedural steps, and any court challenge. A lawyer can estimate likely stages after reviewing the matter, but no reliable outcome or completion date can be guaranteed in advance.

Do Madiun businesses have to notify every merger?

No. Notification depends on the transaction and the current statutory criteria and implementing rules. Have the parties check the requirements early, because a duty may arise even when the businesses operate outside major cities.

Official resources

  • Indonesian Competition Commission (KPPU): Receives information about suspected unfair business competition, investigates cases, and issues decisions under the national competition law. Its regional office in Surabaya is a relevant contact point for East Java matters.
  • Commercial Court at the Surabaya District Court: Handles objections to KPPU decisions within its territorial jurisdiction. Check the court’s official information for filing procedures and current requirements.
  • National Public Procurement Agency (LKPP): Publishes national procurement rules and guidance. Its materials can help distinguish procurement procedures from competition-law enforcement.

Next steps to find and hire a competition lawyer

  1. Write a short chronology. Within a day, list the businesses involved, relevant dates, locations, and the conduct that caused concern, including any Madiun tender or supply arrangement.
  2. Secure the records. Preserve contracts, tender files, messages, invoices, and meeting notes before they are lost or overwritten. Do not coordinate accounts or evidence with competitors.
  3. Identify any immediate deadline. If a KPPU decision, summons, or procurement notice has arrived, check its service date and response requirements immediately.
  4. Shortlist suitable counsel. Over the next few days, look for an Indonesian advocate with experience in KPPU investigations, Commercial Court objections, or procurement disputes relevant to your issue.
  5. Compare written proposals. Ask about the lawyer’s proposed strategy, who will handle the work, estimated stages, fees, disbursements, and any conflicts of interest.
  6. Agree on scope and start promptly. Sign an engagement letter setting out the work and fees. Give counsel the preserved records and confirm who will respond to KPPU, the procurement body, or the court.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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