The Evolution of Competition Policy in Indonesia

This paper assesses the evolution of the new Indonesian competition law passed in 1999, and the creation of the Competition Commission. The first half of the paper traces the debate and process of deregulation and liberalization that preceded the introduction of the law. Whilst deregulation did lead to increased competition and efficiency, distortions to competition in the goods sector still persisted due to ad hoc and non transparent measures taken due to government interventions and vested interests. The services and infrastructure sectors were only partially liberalized. The second half of the paper evaluates the debate on competition law and assesses its introduction and implementation. In the brief period of implementation to date, the tension between a pro-competition and an anti-bigness interpretation of the Law is evident. The paper concludes that ambiguities in the law should be eliminated, that the competition agency focuses on advocacy and introducing transparent procedures rather than hastening towards concluding investigations, and that competition issues faced by independent regulatory agencies in the services and infrastructure sectors should be introduced carefully.