MERGER & ACQUISITION FILINGS CONCERNING PRE-EVALUATION AND POST-EVALUATION TO KPPU RELATED TO INDONESIAN ANTIMONOPOLY LAW

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 no