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Results: 4 Answers
Merger Control
6.
Appeal
6.1
Can the parties appeal the authority’s decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and what sort of appeal will the reviewing court or tribunal conduct (eg, will it be limited to errors of law or will it conduct a full review of all facts and evidence)?
 
Indonesia
The parties can appeal once the Business Competition Supervisory Commission (KPPU) has issued its opinion on the merger filing based on its review of the post-merger notification or the voluntary pre-merger consultation.

If the KPPU issues an unfavourable opinion in respect of a merger filing, or in case of breach of a condition as set out in a favourable opinion, the KPPU may initiate an investigation and issue a decision. In such case, or if the KPPU prohibits a merger by adopting a decision, the parties may file an appeal with the relevant district court against the KPPU’s decision within 14 working days of receipt of the decision. In turn, a decision of the district court can be appealed to the Supreme Court.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants
6.2
Can third parties appeal the authority’s decision, and if so, in what circumstances?
 
Indonesia
No, third parties cannot appeal KPPU or court decisions as discussed in question 6.1.

For more information about this answer please contact: Fahrul S. Yusuf from SSEK Indonesian Legal Consultants