Comparative Guides

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4. Results: Answers
Tips and traps
What would be your recommendations to companies faced with a cartel investigation and what potential pitfalls would you highlight?

Answer ... An allegation of cartel violation under the Competition Law is serious. Therefore, if a company is involved in a cartel investigation, it should make certain preparations in respect of the investigation, including:

  • identifying or verifying the capacity of the summons by the KPPU (i.e. whether the company has been summoned as a witness or a reported party);
  • consulting with the company’s legal division with respect to the KPPU’s summons;
  • conducting internal investigations relating to the alleged violation;
  • preparing relevant evidence related to the cartel investigation; and
  • attending to the summons, accompanied by the legal division or an external legal adviser.

In addition, there are several steps that a company can take in order to avoid the legal risks that may arise from Competition Law violations:

  • developing a competition compliance programme;
  • developing competition guidelines that contain dos and don’ts for company employees in carrying out their duties; and
  • conducting regular compliance trainings and audits in terms of competition law for all business activities that have been or will be carried out by the company.

For more information about this answer please contact: HMBC Rikrik Rizkiyana from Assegaf Hamzah & Partners