The current merger control regime in Indonesia has been in place for eight years. In that time, the Commission for the Supervision of Business Competition (KPPU) has received more than 480 merger notifications from business actors, 69 of them in 2018. While the KPPU continues its efforts to raise awareness of the merger control requirements, some businesses still fail to notify the KPPU of their transactions, and so face fines.
Unlike most jurisdictions, where merger filings must be cleared before the transaction is completed, the merger control regime in Indonesia only requires the merger control notification to be made after the transaction is completed. The post-merger notification must be made to the KPPU no later than 30 business days after the transaction becomes legally effective). Under the regulation, KPPU can impose administrative sanctions for failure to make a required filing, with a fine of IDR1 billion (US$71,000) per day of delay in filing, up to a maximum amount of IDR25 billion (US$1.8 million).
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Contributors from HBT
Sakurayuki, Partner and Randitya, Senior Associate
Key contacts
Kyriakos Fountoukakos
Managing Partner, Competition/Antitrust, Regulation and Trade, Brussels
Veronica Roberts
Partner, Head of Competition/Antitrust, Regulation and Trade, UK, London
Linda Evans
Partner, Head of Competition/Antitrust, Regulation and Trade, Australia, Sydney
Adelaide Luke
Partner, Head of Competition, Asia, Hong Kong
Jean Meijer
Managing Partner, Johannesburg Office, Johannesburg
Kristien Geeurickx
Knowledge Counsel, London
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