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Sih Yuliana Wahyuningtyas
Universitas Katolik Indonesia Atma Jaya
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Perkotaan

 1 
Identifying the Effect of Harm on Competition in Price Parity Agreements Sih Yuliana Wahyuningtyas
Jurnal Perkotaan Vol. 14 No. 2 (2022): Desember 2022
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/perkotaan.v14i2.5669

Abstract

The paper aims to examine the harmful elements of price parity agreements by expounding showcases from Indonesia and Germany and discussing whether the rule of reason is the best approach to prohibit price parity agreements. The research is based on a normative legal study using legal comparison (Indonesia, Germany, and the European Union); the data is collected employing library research. The harmful elements of price parity agreements lie in limiting the freedom of suppliers to set prices and creating entry barriers for new players. The rule of reason approach to defining illegality is based on assessing the harmful effects of conduct, which implies that the respective conduct as such (per se) is not prohibited and becomes prohibited only when the second part of the clause is met. Further, although an effect assessment is required, the approach does not require an actual effect. A potential effect is sufficient for the prohibition. The originality of the paper is found in three aspects: first, the analysis of legal theories and regulations by challenging them with a different approach from the current approach for competition law assessment; second, drawing conceptual solutions to deal with the current problems; and third, providing scientific arguments to underpin the use of the application approach.
Legal Issues of Online Reputation Portability in the Digital Economy Sih Yuliana Wahyuningtyas
Jurnal Perkotaan Vol. 15 No. 2 (2023): Desember 2023
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/perkotaan.v15i2.5670

Abstract

Reputation influences the level of trust and expectation of others either in social or business interactions. It becomes more important in the digital society, where interactions are often faceless and intangible. However, online reputation systems are usually built within a certain environment, thus locally, and cannot be used beyond that particular environment. A question arises whether such a local online reputation system could lead to lock-in problems that adversely affect competition. This paper begins the analysis by examining the legal aspects of user review as a set of information provided by a reviewer and the reputation as information about the reviewee provided to (other) users.  To analyze the legal aspects of online reputation portability, the paper discusses three key issues: first, the legal status of user reviews and addresses the issues of online reputation portability, as recognized under the new Indonesian Data Protection Act, Law No. 27 of 2022, in comparison to the EU General Data Protection Regulation (GDPR), Regulation (EU) 2016/679. Second, it explores whether the limitation of the use of online reputation leads to lock-in problems that might justify the intervention of competition law. Third, it examines online reputation as a reviewee’s asset and the impact of its limitation of use to competition in the viewpoint of Indonesian competition law under Law No. 5 of 1999 compared to EU competition law under Article 102 TFEU.
Co-Authors Liat, Konrardus Elias