ICC UPDATE ON COMPETITION CASES IN 2020.

As starting information, ICC has brought 31 numbers of cases to the hearing proceedings in 2019. To date, the proceedings of such various cases are underway with sundry stages, ranging from Preliminary Examination, Follow-up Examination, Extended Follow-up Examination, Panel of Commissioners’ Deliberation, and those that have been decided. The 2019 registered cases are as follows:

1. 01/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Buana Minera Harvest by PT Citra Prima Sejati
2. 02/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Mitra Bisnis Harvest by PT Citra Prima Sejati
3. 03/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT MBH Mining Resources by PT Citra Prima Sejati
4. 04/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Citra Lautan Teduh by PT Wijaya Karya Beton, Tbk
5. 05/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Anugerah Abadi Multi by PT Ciliandry Anky Abadi
6. 06/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Nusantara Infrastructure, Tbk by PT Metro Pasific Tollways Indonesia
7. 07/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Indo Putra Khatulistiwa by PT Matahari Pontianak Indah Mall)
8. 08/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Gerbang Sawit Indah by PT Pancasurya Agrindo
9. 09/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Mitra Aneka Rezki by PT Pasifik Agro Sentosa
10. 10/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Bintan Mineral Resource by PT Lumbung Capital
11. 11/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT MBH Minera Resource by PT Lumbung Capital
12. 12/KPPU-M/2019 regarding Delayed Notification of the Acquisition of Shares of PT Citra Jaya Nurcahya by PT Lumbung Capital
13. 13/KPPU-I/2019 (Alleged Violation of Article 14, Article 15 paragraph (2) and Article 19 sub-article d of Law Number 5 Year 1999 committed by PT Solusi Transportasi Indonesia (GRAB) and PT Teknologi Pengangkutan Indonesia with regard to Special Charter Transport Services)
14. 14/KPPU-L/2019 regarding Alleged Violation of Article 22 of Law Number 5 Year 1999 in the Tender for Government and Business Entity Cooperation Project with regard to the Drinking Water Supply System in Bandar Lampung City
15. 15/KPPU-I/2019 regarding Alleged Violation of Articles 5 and 11 of Law Number 5 Year 1999 with regard to Scheduled Commercial Air Transportation Services for Domestic Economy Class Passengers
16. 16/KPPU-K/2019 regarding Alleged Violation of Article 35 of Law Number 20 Year 2008 with regard to the Implementation of Partnership between PT Pos Indonesia (Persero) and the Owners/Management of Post Agents throughout Indonesia
17. 17/KPPU-M/2019 regarding Alleged Violation of Article 29 of Law Number 5 Year 1999 Jo. Article 5 of Government Regulation Number 57 Year 2010 regarding Delayed Notification of the Acquisition of Shares of PT Pani Bersama Jaya by PT Merdeka Copper Gold, Tbk
18. 18/KPPU-M/2019 regarding Alleged Violation of Article 29 of Law Number 5 Year 1999 Jo. Article 5 of Government Regulation Number 57 Year 2010 regarding Delayed Notification of the Acquisition of Shares of PT Mitra Barito Gemilang by PT Astra Agro Lestari, Tbk
19. 19/KPPU-M/2019 regarding Alleged Violation of Article 29 of Law Number 5 Year 1999 Jo. Article 5 of Government Regulation Number 57 Year 2010 regarding Delayed Notification of the Acquisition of Shares of PT Terminal Bangsa Mandiri by PT FKS Multi Agro, Tbk
20. 20/KPPU-M/2019 regarding Alleged Violation of Article 29 of Law Number 5 Year 1999 Jo. Article 5 of Government Regulation Number 57 Year 2010 regarding Delayed Notification of the Acquisition of Shares of PT Kharisma Cipta Dunia Sejati by PT FKS Multi Agro, Tbk
21. 21/KPPU-K/2019 regarding Alleged Violation of Law Number 20 Year 2008 regarding Micro, Small, and Medium Enterprises with regard to Partnership Procedures conducted by the Inti (PT BCAP) Side
22. 22/KPPU-L/2019 regarding Alleged Violation of Article 22 of Law Number 5 Year 1999 in the Follow-up Tender for the Construction of Clean Water Distribution Network (Multiyear) of Penajam Paser Utara Regency, East Kalimantan for the 2015-2018 Fiscal Year APBD (Regional Revenues and Expenditures Budget) (Tender Code 872052)
23. 23/KPPU-M/2019 regarding Delayed Notification of Acquisition of PT Jambi Prima Coal by PT PLN Batubara
24. 24/KPPU-I/2019 regarding Alleged Conspiracy in Tender for the Tanjung Pandan-Simpang Empat Road Improvement and Expansion Package (Package 1) within the Public Works and Spatial Plan Service Office of Bangka Belitung Islands Province for the 2017 Fiscal Year APBD (Regional Revenues and Expenditures Budget)
25. 25/KPPU-I/2019 regarding Alleged Conspiracy in Tender for the Tanjung Pandan-Simpang Empat Road Improvement and Expansion Package (Package 2) within the Public Works and Spatial Plan Service Office of Bangka Belitung Islands Province for the 2017 Fiscal Year APBD (Regional Revenues and Expenditures Budget)
26. 26/KPPU-I/2019 regarding Alleged Conspiracy in Tender for the Tanjung Pandan-Simpang Empat Road Improvement and Expansion Package (Package 3) within the Public Works and Spatial Plan Service Office of Bangka Belitung Islands Province for the 2017 Fiscal Year APBD (Regional Revenues and Expenditures Budget)
27. 27/KPPU-M/2019 regarding Delayed Notification of Acquisition of PT Gita Aditya Graha by PT Matahari Pontianak Indah Mall
28. 28/KPPU-M/2019 regarding Delayed Notification of Acquisition of PT Prospek Karyatama by PT Sarana Farmindo Utama
29. 29/KPPU-M/2019 regarding Delayed Notification of Acquisition of PT Agro Pratama by PT Dharma Satya Nusantara
30. 30/KPPU-L/2019 regarding Alleged Violation of Article 22 of Law Number 5 Year 1999 with regard to Tender for the Ngajam – Apulea Section Road Segment III (Ngajam – Apulea Village) within the Working Unit of the Public Works and Spatial Plan Service Office of Halmahera Utara Regency the Source of Fund of which was from the 2018-2020 Fiscal Year APBD (Regional Revenues and Expenditures Budget)
31. 31/KPPU-I/2019 regarding Alleged Violation of Article 15 Paragraphs (2) and (3) of Law Number 5 Year 1999 with regard to Two-Wheeled Motor Vehicle Lubricants

Out of the 31 cases above, there are 12 cases the rulings of which have been read out, namely cases Number 01/KPPU-M/2019 up to number 12/KPPU-M/2019 regarding Delayed Notifications of the Acquisition of Shares.

The highlight of cases in 2020 still concerns delayed notifications of mergers and acquisitions as well as new initiative cases to be handled namely two-wheeled vehicle lubricants of certain trademark and a report on bid rigging in Bangka Belitung Islands Province in a road construction package. In the meantime, the underway cases are those relating to Grab and airline tickets.

There are 5 ICC cases being in a litigation process the decisions of which are confirmed by District Courts. Cases numbers 01/KPPU-M/2019, 02/KPPU-M/2019, and 03/KPPU-M/2019 regarding delayed notifications of acquisitions by PT Citra Prima Sejati, the South Jakarta District Court handed down rulings that confirmed ICC’s decision on January 7, 2020, December 19, 2019, and December 9, 2019. Case number 20/KPPU-I/2018 regarding bid rigging in Kediri, the Tulungagung District Court confirmed the decision of ICC on December 30, 2019 and case number 07/KPPU-M/2019 regarding delayed notification of acquisition conducted by PT Matahari Pontianak, the Pontianak District Court confirmed the decision of ICC on January 7, 2020.

As additional information, PT Matahari Pontianak is also alleged to have been delayed in notifying the acquisition of PT Gita Aditya Graha and will be brought to trial by ICC under case registration 27/KPPU-M/2019.