Indonesia Cartels Comparative Guide

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Cartels

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Private enforcement

8.1

Are private enforcement actions against cartels available in your jurisdiction? If so, where can they be brought?

Indonesia

Assegaf Hamzah & Partners

Answer ... The current Competition Law does not recognise private enforcement, since enforcement against cartels must first be brought before the KPPU (see question 1.3).

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

8.2

Can private enforcement actions be brought against both companies and individuals?

Indonesia

Assegaf Hamzah & Partners

Answer ... Not applicable.

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

8.3

Are class actions or other forms of collective action available in your jurisdiction?

Indonesia

Assegaf Hamzah & Partners

Answer ... In general, the Competition Law does not regulate class actions. However, a consumer association or public interest group can file a class action lawsuit with the district court in order to obtain an indemnity for an alleged violation by a certain undertaking if there has been a final and binding decision against the reported party by the KPPU.

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

8.4

What process do private enforcement actions follow?

Indonesia

Assegaf Hamzah & Partners

Answer ... Not applicable.

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

8.5

What types of relief may be sought and what types of relief are most commonly awarded? How is the relief awarded determined?

Indonesia

Assegaf Hamzah & Partners

Answer ... Not applicable.