FAIR COMPETITION AND ABUSE OF DOMINANT POSITION: HOW MARKET LEADER CAN BE ABUSIVE IN THE RELEVANT MARKET?

Abstract

Market leader is business actor who has the potential to abuse the dominant position. Through
a high percentage of sales, market leader has a large pen in related market, thus the dominant
position abuse is prone to occur. In order to that abuse does not occur and is detrimental to the
consumer, the Business Competition Supervisory Commission applies pre-notification
procedure for business actor to conduct merger, acquisition, and consolidation. The purpose of
this study is to provide legal protection which is carried out by the Business Competition
Supervisory Commission to market leader who has the potential to carry out unfair business
competition. This protection is related to the effort to prevent consumer loss which caused by
market leader who abuse the dominant position. The Business Competition Supervisory
Commission made the regulation number 13 of 2010 and the Government Regulation Number
57 of 2010 as a merger review guideline related to merger, consolidation and acquisition. The
formation of these articles was a preventive measure to anticipate the abuse of dominant
position by market leader in Indonesia.