December 19, 2020

Tying Agreement Adalah

The purpose of this document is to determine (1) the application of the illegal approach to agreement-making within the meaning of Section 15, paragraph 2, of Act 5 of 1999; (2) to know the indicators that must be completed in order for companies to be considered as binders of agreements to violate the provisions of Act 5 of 1999 on the prohibition of monopolistic practices and unfair competition in business. This research is a normative legal research that is descriptive. This research uses a legal approach and a case approach. The primary legal matters used in the form of Law No. 5 of 1999 on the prohibition of monopolistic practices and unfair commercial competition, as well as the kppu judgments on the links between agreements and secondary legal documents, which consist of reference books, legal reviews and research results relating to the subjects examined. The analysis of the data in this research uses a qualitative method. The results showed that the application of the coupling agreement was not appropriate in itself if, in the event of an engagement, the approach were to be used in a motivational rule. In the case of engagement, companies can seize the great opportunities they have to reduce healthy competition and further disrupt the business climate. As a result, other companies will experience difficulties in accessing the market and can be confident that an agreement has the potential to harm or harm competition. However, the commitment of the commercial strategy does not always have a negative effect on the solution of this case, and KPPU should therefore take into account the effects of unhealthy commercial competition in the resolution of this case. The results of the study also showed that the indicators to be respected in order for companies to be considered as binders of agreements in order to contravene the provisions of Law 5 of 1999, namely companies that must bind, have market power, products that are linked to a sale, which must distinguish themselves from the main product , binding agreements result in the conclusion of large trading volumes that prevent competitors from entering the market. and the commitment of agreements results in losses for consumers.