Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)

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Cartel Enforcement as a Form of Unfair Competition in Indonesia, the United States, and Japan: A Comparative Analysis

Authors
Pri Pambudi Teguh1, Ismail Rumadan1, *
1Faculty of Law, National University of Jakarta, Jakarta, Indonesia
*Corresponding author. Email: ismailrdhan@gmail.com
Corresponding Author
Ismail Rumadan
Available Online 25 January 2023.
DOI
10.2991/978-2-494069-93-0_12How to use a DOI?
Keywords
cartel; competition; law enforcement
Abstract

Using normative juridical approaches to study legal norms and principles, this paper explores the type of regulation and procedure of law enforcement against business players who practice cartel under competition law in Indonesia, the United States, and Japan. Statutory approach, comparative law approach, and case approach are employed. Between Indonesia, the United States, and Japan, there are substantial disparities in the manner and method of law enforcement, the legal remedies pursued, the use of evidence in revealing cartel behaviors, and the sanctions applied. America is extremely resolute in imposing criminal consequences on commercial actors who engage in cartel practices, but Indonesia is extremely hesitant to do so. Administrative punishments imposed on business actors who breach the Antimonopoly Law and engage in unfair business competition are rarely adhered to in some instances.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
25 January 2023
ISBN
978-2-494069-93-0
ISSN
2352-5398
DOI
10.2991/978-2-494069-93-0_12How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Pri Pambudi Teguh
AU  - Ismail Rumadan
PY  - 2023
DA  - 2023/01/25
TI  - Cartel Enforcement as a Form of Unfair Competition in Indonesia, the United States, and Japan: A Comparative Analysis
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 90
EP  - 104
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_12
DO  - 10.2991/978-2-494069-93-0_12
ID  - Teguh2023
ER  -