Analisis Perbandingan Single Economic Entity Doctrine dalam Hukum Persaingan Usaha di Indonesia (Studi Komparatif dengan Amerika Serikat)

Abstract

Single Economic Entity Doctrine (SEED) is a doctrine that views several different legal entities as one economic unit from a business competition law perspective. The point of contact between company law and business competition law regarding the implementation of SEED is whether or not the parent company controls its subsidiaries as one inseparable business unit, which affects the subsidiary's independence in determining its market behavior. This thesis research uses normative juridical methods with a comparative approach to identify how SEED is implemented in Indonesia and the United States. The research results show significant differences in the scope, implementation criteria, and jurisprudence related to SEED. In Indonesia, the application of SEED is still limited and does not yet have clear criteria even though it has been implemented in several KPPU decisions. Meanwhile in the United States, SEED has a strong legal basis through Section 1 Sherman Act and jurisprudence. It is recommended that SEED be adopted explicitly in the revision of Law Number 5 of 1999 or in KPPU regulations taking into account its implementation practices in the United States.