In mid-April 2019 the Business Competition Supervisory Commission (Indonesian acronym: KPPU) published its Regulation No. 1 of 2019 on the Procedure for Cases of Monopolistic Practices and Unfair Competition (Regulation No. 1 of 2019), replacing KPPU Regulation No. 1 of 2010 of the same name. Although this new Regulation is dated 4 February 2019, it was not published until April.
The Primary Issues
Regulation No. 1 of 2019 was issued after it became apparent that the House of Representatives would not be able to complete its consideration of a draft to amend Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Competition (Antimonopoly Law) before the 17 April 2019 general election.
One of the issues that the draft revision was meant to address is how to regulate the procedure for the KPPU's handling of cases. The Antimonopoly Law only provides a very brief outline of this process. Regulation No. 1 of 2010 added on many details of this process. The amendment was supposed to include much more detailed provisions on case handling procedures in the body of the Law itself, and to address some of basic concerns about the KPPU examination process that have arisen since the Antimonopoly Law started to be implemented in 2000.