A Comparative Approach to Competition Law in the Digital Economy Sector Between Australia and Indonesia

DOI

10.2991/978-2-38476-366-5_46How to use a DOI?

Keywords

Competition Law; Digital Economy

Abstract

Indonesia is predicted to dominate the Gross Merchandise Value (GMV) of the digital economy in Southeast Asia until 2030. Meanwhile, business actors faced problems competing in the digital economy due to no specific regulations available. How did the Indonesian Competition Commission (ICC/KPPU) enforce competition law in the digital economy sector? Literature and comparison study used as the methods with the Focus Group Discussion (FGD) as the medium. As result, internationally, both Australia and Indonesia faced similar challenges; (1) The complexity of business models increased monopolistic practices and unfair competition. (2) The large data companies have great market power and form a monopoly position. (3) Misuse of the digital platform market (4) Competition between old and new business actors. KPPU need to overcome the challenges; (1) KPPU must have the regulatory on competition in the digital market and proper definition on markets and business actors broader than Law Number 5/1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. (2) the Australian Competition and Consumer Commission (ACCC), used the system approach in solving problems related to the digital market is to examine the digital market and make relevant findings or recommendations to the Australian government. As consequence, the ACCC could monitor and develop institutional capabilities. As recommendation: (1) Indonesian government need to respond wisely by providing legal certainty regarding the rules of competition supervision in the digital economy sector. (2) The Indonesian Government must accelerate the role of ICC-KPPU in supervising business competition in the digital economy era.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ningrum Natasya Sirait
AU  - Rosmalinda Rosmalinda
AU  - Robert Robert
AU  - Ridho Pamungkas
AU  - Mohd. Effan Djodie
AU  - Liza Hafidzah Yusuf Rangkuti
PY  - 2025
DA  - 2025/02/28
TI  - A Comparative Approach to Competition Law in the Digital Economy Sector Between Australia and Indonesia
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 494
EP  - 504
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_46
DO  - 10.2991/978-2-38476-366-5_46
ID  - Sirait2025
ER  -