<![CDATA[Indonesian bankruptcy law is formalistic because applications may be granted when requirements are proven, without an insolvency test. This creates opportunities to pressure competitors, while competition law has not addressed such conduct. This study identifies abuse of bankruptcy applications as anti-competitive instruments and formulates a regulatory model. It employs research with statutory, conceptual, and comparative approaches to the Netherlands, Germany, and United States. Comparative analysis shows that judges may assess purposes from outset, whereas Indonesian law does not provide this authority. Three modes are identified: tactical applications, bankruptcy threats as bargaining power, and exploitation of simple evidentiary requirements. The proposed model includes insolvency tests, good-faith requirements, pretrial screening, sanctions, a public register, and institutional harmonization between bankruptcy and competition regimes.]]>
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