Jurnal Hukum Novelty
Vol. 17 No. 1 (2026)

Application-based company mergers in the digital era: Unpacking the legal challenges

Anna Maria Tri Anggraini (Faculty of Law, Universitas Trisakti, Indonesia)
Sharda Abrianti (Faculty of Law, Universitas Trisakti, Indonesia)
Gisca Nurannisa (Faculty of Law, Universitas Trisakti, Indonesia)
Jimi Rambo Arranchado (Faculty of Law, University of Canterbury, New Zealand)
Yosefa Oktriviani Mutiara Mali (Faculty of Law, Universitas Trisakti, Indonesia)



Article Info

Publish Date
25 Apr 2026

Abstract

Introduction to the Problem: The rapid expansion of digital markets, driven by network effects and data concentration, challenges traditional merger control frameworks, particularly due to the risk of market “tipping” toward dominant platforms in jurisdictions such as Indonesia, the United States, China, and the European Union. Purpose/Study Objectives: To examine the criteria used by competition authorities in assessing mergers involving application-based companies and their implications for fair competition in digital markets. Design/Methodology/Approach: This study employs a normative juridical method with a comparative approach, analysing merger control regimes in Indonesia, the European Union, the United States, and China, including key assessment tests such as SLC, SIEC, and dominance-based approaches. Findings: The study finds that traditional indicators such as market share and transaction value are insufficient to capture competitive risks in digital markets. Mergers may reinforce data control, ecosystem dominance, and eliminate potential competition without immediate effects on market structure. Therefore, competition authorities should adopt more forward-looking assessments that consider data, innovation, and tipping risks, alongside stronger pre- and post-merger oversight to protect long-term competition and consumer welfare. Paper Type: Research Article

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Journal Info

Abbrev

Novelty

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Novelty (ISSN 1412-6834 [print]; 2550-0090 [online]) is the Journal of Legal Studies developed by the Faculty of Law, Universitas Ahmad Dahlan. This journal published biannually (February and August). The scopes of Jurnal Hukum Novelty are: Constitutional Law, Criminal Law, Civil Law, ...