Analisa Perbandingan Praktek Jual Rugi (Predatory Pricing) PT Conch South Kalimantan Cement di Indonesia dengan Qualcomm di Uni Eropa Ditinjau dari Hukum Persaingan Usaha Indonesia dan Uni Eropa

Abstract

Predatory pricing is a practice that is prohibited under competition law in various countries, including Indonesia and the European Union. Indonesia has prohibited predatory pricing through Article 20 of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, while the European Union prohibits it under Article 102 of the Treaty on the Functioning of the European Union. However, predatory pricing practices continue to be found, such as those conducted by PT Conch South Kalimantan Cement in Indonesia and Qualcomm in the European Union. This thesis aims to analyze the differences in the regulation and enforcement of competition law regarding predatory pricing practices between Indonesia and the European Union. The research method employed is normative legal research, utilizing statutory, case-based, and comparative approaches. This study is descriptive, illustrating the legal phenomena observed through literature studies. There are several differences and similarities between Indonesia and the European Union in addressing predatory pricing practices. The differences include the sources of competition law regulations concerning the prohibition of predatory pricing, the competition regulatory authorities, and the mechanisms for enforcing competition law to address predatory pricing. There are also some similarities, such as the approach used to determine the occurrence of predatory pricing and the sanctions imposed on businesses found guilty of engaging in predatory pricing practices.