Comparative Approach to Competition Law in the Digital Economy Sector Between Australia and Indonesia Ningrum Natasya Sirait, Rosmalinda, Robert, Ridho Pamungkas, Mohd. Effan Djodie, Liza Hafidzah Yusuf Rangkuti
1. Faculty of Law, Universitas Sumatera Utara, Indonesia
2. Indonesia Competion Commission, KPPU, Medan, Sumatera Utara, Indonesia
Abstract
Indonesia is predicted to dominate the Gross Merchandise Value (GMV) of the digital economy in Southeast Asia with US-82 billion in 2023 until 2030. Inline to this prediction, business actors faced problems competing in the digital economy due to no specific regulations available. How did the Indonesian Competition Commission (ICC/KPPU) enforce competition law in the digital economy sector? Literature and comparison study used as the methods in this study. As results, the Focus Group Discussion (FGD) of International Collaboration Services showed that Australia faces similar challenges as well as Indonesia- (1) The complexity of business models increased the possibility of monopolistic practices and unfair competition. (2) The companies with large data can have great market power and form a monopoly position. (3) Misuse of the digital platform market (4) Competition between old and new business actors. The four factors need KPPU to overcome the challenges: (1) KPPU must be able to fill the regulatory void on competition in the digital market as well as the narrow definition of relevant markets and business actors based on Law Number 5/1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. (2) the Australian Competition and Consumer Commission (ACCC), used the system approach in solving problems related to the digital market is to examine the digital market and make relevant findings or recommendations to the Australian government. As consequence, the ACCC could monitor and develop institutional capabilities. As recommendation: (1) Indonesian government need to respond wisely by providing legal certainty regarding the rules of competition supervision in the digital economy sector. (2) The Indonesian Government must accelerate the role of ICC-KPPU in supervising business competition in the digital economy era.
Keywords: Digital, Economy, Comparison, Competition, Business
