Cartel conduct is criminalised under the Indonesian Criminal Code.
The offence
Unfair competition is a criminal offence under article 382 of the Indonesian Criminal Code. Cartel conduct is considered to amount to unfair competition. Cartel conduct is defined in chapters 3 and 4 Law No. 5 of 1999 concerning the Prohibition of Monopoly and Unfair Business Competition Practices.
Horizontal cartels that include the following practices are prohibited:
- price fixing;
- market allocation;
- group boycotts;
- bid rigging; and
- any other arrangements, conspiracy or concerted practices that may restrict competition on the market or may cause harm to consumers.
Sanctions
Individuals
Fine of between 1 billion rupiah and 100 billion rupiah and between three and six months’ imprisonment.
Corporates
Fine of between 1 billion rupiah and 100 billion rupiah and possible revocation of business licences.