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Legal Implications of Post-Merger Notification Policy on Digital Companies in Indonesian Competition Law

Journal of Law and Legal Reform · Vol. 4 No. 2 (2023) · pp. 285–302

DOI
10.15294/jllr.v4i2.61224
ISSN
2715-0968, 2715-0941
Published
2023-04-30
Publisher
Universitas Negeri Semarang
Language
eng
License
creativecommons.org/licenses/by-nc-sa/4.0

Abstract

In any market structure, potential competition violations arising from merger, consolidation, and acquisition (M&A) activities cannot be completely avoided. This holds true for digital markets that involve multi-sided markets, network effects, and significant consumer data. The intricate nature of the digital market poses a challenge for competition authorities in effectively monitoring M&A transactions between digital companies. A notable example is the GoTo merger, which is set to become the largest digital company in Southeast Asia. To address this issue, this legal research aims to discuss the legal implications of the current notification policy based on Law No. 5 of 1999 by conducting contextual research on digital market operations and studying previous violations committed by foreign digital companies. This research follows a normative legal research approach, employing statutory, conceptual, and case analysis to address the problem formulation. The findings indicate that digital companies possess various possibilities to violate competition law, including monopolistic practices and unfair business competition, if the existing post-merger notification policy remains in place. As many countries are already grappling with complex issues such as data ownership thresholds, Indonesia is taking its initial steps towards implementing changes to its merger policy. By adopting a pre-merger notification policy as a reporting obligation, Indonesia will enable the Commission for the Supervision of Business Competition (KPPU) to assess M&A transactions more effectively and provide legal certainty for businesses regarding the lawfulness of their M&A activities.

Collaboration network of the authors

12 authors · 18 co-authorship links

Hover or tap a name to highlight its co-authors. Double-click to open the author's page.

  • Bandung Institute of Technology
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
Meditya WasesaBandung Institute of Technology1
Cenuk SayektiAffiliation unknown1
Hariyanto HariyantoAffiliation unknown1
Erni SuhariniAffiliation unknown1
Aprillia FindayaniAffiliation unknown1
Ega Prabandari KusumaAffiliation unknown1
Rahmadhani FitriAffiliation unknown1
Rian Farta WijayaAffiliation unknown1
Zuraidah TaroAffiliation unknown1
Mulyono MulyonoAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://journal.unnes.ac.id/sju/index.php/jllr/oai, first harvested 6 Nov 2026, last seen 6 Nov 2026.
Original metadata (oai_dc)
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	<dc:title xml:lang="en-US">Legal Implications of Post-Merger Notification Policy on Digital Companies in Indonesian Competition Law</dc:title>
	<dc:creator>Anisah, Siti</dc:creator>
	<dc:creator>Putri, Annisa Aulya</dc:creator>
	<dc:description xml:lang="en-US">In any market structure, potential competition violations arising from merger, consolidation, and acquisition (M&amp;amp;A) activities cannot be completely avoided. This holds true for digital markets that involve multi-sided markets, network effects, and significant consumer data. The intricate nature of the digital market poses a challenge for competition authorities in effectively monitoring M&amp;amp;A transactions between digital companies. A notable example is the GoTo merger, which is set to become the largest digital company in Southeast Asia. To address this issue, this legal research aims to discuss the legal implications of the current notification policy based on Law No. 5 of 1999 by conducting contextual research on digital market operations and studying previous violations committed by foreign digital companies. This research follows a normative legal research approach, employing statutory, conceptual, and case analysis to address the problem formulation. The findings indicate that digital companies possess various possibilities to violate competition law, including monopolistic practices and unfair business competition, if the existing post-merger notification policy remains in place. As many countries are already grappling with complex issues such as data ownership thresholds, Indonesia is taking its initial steps towards implementing changes to its merger policy. By adopting a pre-merger notification policy as a reporting obligation, Indonesia will enable the Commission for the Supervision of Business Competition (KPPU) to assess M&amp;amp;A transactions more effectively and provide legal certainty for businesses regarding the lawfulness of their M&amp;amp;A activities.</dc:description>
	<dc:publisher xml:lang="en-US">Universitas Negeri Semarang</dc:publisher>
	<dc:date>2023-04-30</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:type xml:lang="en-US">Peer-reviewed Article</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://journal.unnes.ac.id/sju/jllr/article/view/61224</dc:identifier>
	<dc:identifier>10.15294/jllr.v4i2.61224</dc:identifier>
	<dc:source xml:lang="en-US">Journal of Law and Legal Reform; Vol 4 No 2 (2023): A Discourse of Law Reform in Indonesia; 285-302</dc:source>
	<dc:source>2715-0968</dc:source>
	<dc:source>2715-0941</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.unnes.ac.id/sju/jllr/article/view/61224/24798</dc:relation>
	<dc:rights xml:lang="en-US">Copyright (c) 2023 Siti Anisah, Annisa Aulya Putri</dc:rights>
	<dc:rights xml:lang="en-US">http://creativecommons.org/licenses/by-nc-sa/4.0</dc:rights>
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