The Authoritative Power of Competition Agencies: A Comparative Analysis on U.S. and Indonesian Law

Abstract

A good enforcement system is essential to the success of implementing the law. The competition serves a crucial role in the enforcement role in preventing unfair and anti-competitive business practices that will hinder the economic growth of many industries. However, the existing statute provides the Commission for the Supervision of Business Competition with lacking authoritative power in carrying out its mandate. In contrast, U.S. competition agencies are provided with greater authoritative power than KPPU and are successful in enforcing competition law. This paper seeks to find the extent to which the authority for Indonesia’s competition agency is adequate in enforcing competition law compared to the competition agency in the U.S. This research analyzes ways for the current legislation to be improved to ensure better enforcement by Indonesia’s competition agency.