On April 2026, METALAW have contributed to the Lexology Panoramix Competition in Digital Market specifically in the Indonesia Chapter, published by Lexology which has been analysing law firms across the world.
Under this publication, METALAW provides an overview of competition in digital market matters in Indonesia, which was covered through several questions in a Q&A format provided by Kyriakos Fountoukakos, Veronica Roberts, Marcel Nuys of Herbert Smith Freehills Kramer LLP.
This publication answers several topics describing the current condition of competition in digital market in Indonesia, which includes questions regarding specific competition problems, compliances, and trends. The issues discussed in this publication mainly focuses on:
- The regulatory framework governing competition in digital markets in Indonesia, including the application of Law No. 5 of 1999 and Government Regulation No. 44 of 2021, as well as sector-specific regulations relating to e-commerce and personal data protection.
- The role and authority of the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha / “KPPU”) as the sole competition authority responsible for the regulation, supervision, and enforcement of competition law in digital markets.
- The implementation of KPPU Regulation No. 4 of 2022, particularly in relation to relevant market assessments and digital market considerations in competition law enforcement.
- The availability of compliance and advisory mechanisms provided by KPPU, including policy analysis and opportunities for businesses to obtain formal or informal competition law guidance.
- The treatment of horizontal agreements in digital markets, including platform access restrictions, algorithmic pricing practices, and data-sharing arrangements that may give rise to anti-competitive concerns.
- The regulation and assessment of vertical agreements in digital markets, including online sales restrictions, resale price maintenance, geoblocking practices, platform bans, most-favoured-nation (MFN) clauses, and restraints within multi-sided markets.
- The merger control framework applicable to digital businesses, including regulatory concerns relating to killer acquisitions, market concentration, and competition risks arising from digital platform consolidation.
- The assessment of unilateral conduct and abuse of dominance in digital markets, particularly in relation to access to data, leveraging of platform power, and exclusionary business practices.
- The principal enforcement challenges faced by KPPU in digital markets, including difficulties in proving anti-competitive agreements, distinguishing lawful parallel conduct from collusion, and evaluating algorithm-driven restraints.
- The Indonesian government’s policy approach and current enforcement trends in digital competition law, including its technology-neutral approach, case-by-case and effects-based enforcement model, and increasing scrutiny of platform dominance and multi-sided markets.
The publication of this Lexology Panoramic by METALAW provides answers to the current frequently asked questions in relation to the competition in digital market in Indonesia. METALAW has also contributed to several other articles which discussed Indonesia’s current trend and development of law in Conventus Law.
For further information, please contact:
MetaLAW, Legal & Tax Consultant, Jakarta, Indonesia
general@metalaw.id
