PENERAPAN SISTEM NOTIFIKASI POST-MERGER ATAS PENGAMBILALIHAN SAHAM PERUSAHAAN BERDASARKAN HUKUM PERSAINGAN USAHA

  • Anna Maria Tri Anggraini Universitas Trisakti

Abstract

Acquisition is one of corporate actions aimed at developing the company's existance, or to rescue the company that is experiencing shortage of capital. Although the acquisition aims to enhance operating efficiency, but from the competition’s side, the acquisition can impact monopolistic practices and unfair business competition, such as abuse of dominant position. Competition’s regime anticipate the impact on the acquisition by giving authority to KPPU to make assessment (review) on the proposed acquisition, so that the negative impact of acquisition in the relevant market can be prevented as early as possible. This study uses the method of KPPU’s assessment in assessing the acquisition, as well as its application described by KPPU’s opinion. The results of this analysis showed that the  assessment method used by KPPU is Substantial Lessening of Competition (SLC) test. SLC test assess the effect of acquisition, and its implementation by analyzing both the acquiror company and the acquired company concerning its relevant market, market concentration, entry barrier, potential anti-competitive behavior, efficiency and bankruptcy. The conclusions of this paper is that the KPPU has carried out the assessment process for the acquisition of the company in accordance with the existing regulations, however, it is necessary to provide a sufficient data to perform analysis on the assessment of the acquisition. Keywords: assessment, post-merger notification, company’s shares acquisition, business competition.
Published
Dec 18, 2015
How to Cite
TRI ANGGRAINI, Anna Maria. PENERAPAN SISTEM NOTIFIKASI POST-MERGER ATAS PENGAMBILALIHAN SAHAM PERUSAHAAN BERDASARKAN HUKUM PERSAINGAN USAHA. Law Pro Justitia, [S.l.], v. 1, n. 1, dec. 2015. ISSN 2447-8176. Available at: <https://ejournal-medan.uph.edu/index.php/lpj/article/view/227>. Date accessed: 02 oct. 2022.
Section
Articles