| Summary: | Business actor who wants to conduct Merger, Consolidation, and Acquisition
(hereinafter referred as M&A) must consider potential causes such as M&A transaction
that may result in monopoly practices and unfair business competition. In order to control
and prevent such activities, Indonesian Government established Law No. 5 Year 1999
(Law) concerning Prohibition of Monopolistic Practices and Unfair Business
Competition. The transaction strictly monitored by Commission for the Supervision of
Business Competition / KPPU (Commission). The Indonesian merger control/ filings are
Pre-Evaluation (Consultation) and Post-Evaluation (Notification). The focus of
Indonesian merger control/ merger filings is preventive nature. Hence, the function of
Article 29 of the Law that adopts mandatory Post-Notification becomes questionable.
The method used in this research is a combination of approaches that are normative
and empirical. The writer also compared the Indonesian merger control/merger filings
with United States and Japan. To collect the data, the writer used library and field
research.
The reasons behind the application of Pre-Evaluation (Consultation) phase to
Commission are: to give clear description concerning the impact of M&A transaction,
whether there is an allegation of violation of the Law No. 5 Year 1999 or not
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