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All Journal Indonesia Law Review (ILREV) Journal of Central Banking Law and Institutions
Wicaksono, Muhammad Rifky
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTING THE EXTRATERRITORIALITY PRINCIPLE TO STRENGTHEN COMPETITION LAW ENFORCEMENT IN INDONESIA IN THE AEC ERA: A COMPARATIVE STUDY Wicaksono, Muhammad Rifky; Raditya, Kusuma; Andrini, Laurensia; Hawin, Muhammad
Indonesia Law Review Vol. 9, No. 1
Publisher : UI Scholars Hub

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Abstract

The regional economic integration that ensues from the ASEAN Economy Community will provide its members not only with boundless opportunities for economic growth, but also with unprecedented challenges. The demands of a more interconnected regional economy would require the Indonesian government, as guardians of the competitive process in the Indonesian market, to protect it from anticompetitive conduct caused from both within and outside of its borders. However, there is a major gap since Indonesia’s current competition law does not provide KPPU with the jurisdiction to investigate, prosecute or punish violations committed by business actors located outside of Indonesia’s territory. Thus, this paper examines the implementation of the extraterritoriality principle to enable the KPPU and Indonesian courts to exercise jurisdiction over foreign business actors who violate Indonesia’s competition law from abroad. This paper employs a comparative approach to analyse the development of the extraterritoriality principle in US’, EU’s, Singapore’s and Malaysia’s competition law. This article concludes by determining how the extraterritoriality principle should be implemented to strengthen Indonesia’s competition law enforcement.
BALANCING IP RIGHTS AND COMPETITION LAW THROUGH PATENT POOLS IN INDONESIA: A COMPARATIVE ANALYSIS Sugarda, Paripurna; Wicaksono, Muhammad Rifky
Journal of Central Banking Law and Institutions Vol. 1 No. 1 (2022)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v1i1.3

Abstract

In 1998, Heller and Eisenberg, discovered the ‘tragedy of the anticommons’ which occurs when there are numerous patent holders who must give their consent before a technology can be used. Consequently, where excessive property rights are claimed, some technology is underused, and innovation is stunted. To solve this issue, the patent owners can aggregate their patents into a single ‘patent pool.’ However, there are significant anticompetitive harms which may arise from such a practice. Hence, this paper aims to answer the question of whether the creation of patent pools as an antidote to the ‘tragedy of anticommons’ would be at the cost of competition law. This research found that it is possible to use patent pools as a solution to the tragedy of the anticommons, while preventing harm to competition. The Indonesian Competition Authority can take inspiration from EU regulations to create a ‘safe harbor’ for companies who engage in technology transfer agreements if they meet the market share thresholds. They can also improve the framework for analyzing patent pools by laying out the different categories of patents to ascertain the different levels of harm they bring to competition.
Co-Authors Andrini, Laurensia M. Hawin Raditya, Kusuma Sugarda, Paripurna