A LEGAL ANALYSIS: PRICE FIXING AGREEMENT BY PHARMACEUTICAL COMPANY IN INDONESIA

Abstract

The competition among business actors in the business world spurs them to keep innovating.
Therefore, the competition atmosphere becomes unhealthy, especially in the price-fixing process.
This research studied the action of pharmacies selling drugs exceeding the Highest Retail Price
and violate the Law of the Republic of Indonesia Number 5 of 1999 concerning the Prohibition of
Monopolistic Practices and Unfair Business Competition. This study also explained the legal
remedies for those who incurred losses due to the pharmaceutical company network selling drugs
over the Highest Retail Prices or HET. The law prohibits price-fixing agreements because it would
eliminate price competitions for products sold or marketed and affect consumers' benefits that
should be received by consumers instead of received by the producers and sellers. Therefore, in
the law of business competition, price-fixing agreements are considered illegal per se. In the efforts
to protect society, organizations and regulations are established to process the violations of pricefixing agreements.