Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Can the defendant company appeal the enforcement authorities’ decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and to which reviewing authority? What is the standard of review applied by the reviewing authority (eg, limited to errors of law or a full review of all facts and evidence)?

Answer ... Yes, a company may appeal the KPPU’s decision to the district court within 14 business days as of:

  1. the date of the decision hearing, if such hearing was attended by the company; or
  2. the date of the notification of the KPPU’s decision if the company did not attend the decision hearing.

The district court then has 30 business days to examine and render a decision on the appeal.

Both the KPPU and the reported parties can appeal the district court’s decision to the Supreme Court within 14 days of the date on which the decision is notified to the KPPU or the reported parties. Leave to appeal to the Supreme Court must first be sought from the district court that adjudicated the appeal. Under Article 45(4) of the Competition Law, the Supreme Court must issue a decision on the appeal no later than 30 days following receipt of the appeal.

For more information about this answer please contact: HMBC Rikrik Rizkiyana from Assegaf Hamzah & Partners
Can third parties appeal the enforcement authorities’ decision, and if so, in what circumstances?

Answer ... No. Only the reported party may submit an appeal against the KPPU’s decision to the district court. While the appeal against the district court’s decision can be submitted to the Supreme Court both by the reported party and the KPPU, but not by any third party.

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