Tinjauan Yuridis Persaingan Usaha Tidak Sehat Dalam Bentuk Permainan Harga di Pasar (Studi Kasus Putusan Perkara Nomor: 03/KPPU-L/2020)
Description
Juridically, business competition law in Indonesia is regulated in Law no. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. This article is a juridical review of Case Decision Number: 03/KPPU-L/2020 which was handled by the Business Competition Supervisory Commission (KPPU) where PT. Conch South Kalimantan Cement as a business entity that carries out production and sales in the cement industry with the types Ordinary Portland Cement (OPC) and Portland Composite Cement (PCC) in South Kalimantan has carried out unfair business competition practices in the form of predatory pricing, namely selling at a loss and /or setting very low prices with the aim of eliminating or killing competitors' businesses in the relevant market which is prohibited in Article 20 of Law no. 5 of 1999. The decision issued by the KPPU Council stated that PT. Conch South Kalimantan Cement legally and convincingly has violated Article 20 of Law no. 5 of 1999 based on the consideration that the KPPU has the authority to impose sanctions in the form of administrative action against business actors who violate the provisions of Law no. 5 of 1999. This research is included in normative legal research with a statutory approach. This research concludes that PT. Conch South Kalimantan Cement has fulfilled the elements of predatory pricing contained in Article 20 of Law No. 5 of 1999.