Academia Open
Vol. 11 No. 1 (2026): June

Data Dominance as Market Power: Implications within the Framework of Indonesian Competition Law: Dominasi Data Sebagai Market Power: Implikasi dalam Kerangka Hukum Persaingan Usaha di Indonesia

Prastowo, Ari Andy (Unknown)
Khalifah, Azzareza Noer (Unknown)
Rizadian, Allysa Faras Nabila (Unknown)



Article Info

Publish Date
27 Mar 2026

Abstract

General Background The digital economy has transformed traditional sources of market power from capital and market share toward data control as a strategic asset. Specific Background Consumer data has evolved into a central mechanism enabling digital enterprises to build competitive advantages, reinforce dominant positions, and create structural entry barriers through algorithm-driven feedback systems. Knowledge Gap Indonesian competition law, particularly Law No. 5 of 1999, does not explicitly regulate data dominance and remains rooted in a pre-digital paradigm focused on price and market share indicators. Aims This study analyzes how data dominance can be conceptualized as market power within Indonesian competition law and examines its legal implications for enforcement. Results The findings demonstrate that large-scale data control may generate anti-competitive practices, including barriers to entry, ecosystem dependency, and algorithm-based exclusivity, which are not adequately captured by conventional price-based analysis. Novelty This study provides a normative construction that interprets data dominance as a functional form of dominant position within existing legal frameworks without requiring immediate legislative amendment. Implications The study highlights the necessity of interpretative approaches and strengthened institutional capacity to ensure fair competition, while also emphasizing the need for adaptive enforcement mechanisms aligned with digital market structures. Highlights: Large-scale information control creates structural barriers that limit new entrants in digital markets. Algorithm-based feedback mechanisms reinforce ecosystem dependency and concentration of economic control. Existing legal provisions can be reinterpreted to address emerging competition issues without explicit regulatory reform. Keywords: Data Dominance, Market Power, Indonesian Competition Law.

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Journal Info

Abbrev

acopen

Publisher

Subject

Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Physics Social Sciences Other

Description

Academia Open is published by Universitas Muhammadiyah Sidoarjo published 2 (two) issues per year (June and December). This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This ...