Book contents
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- Part II Country Reports
- 17 Competition Law Sanctions in Austria
- 18 Antitrust Enforcement in Belgium
- 19 The Effectiveness of Competition Law Sanctions: Brazil
- 20 The Present Situation and Improvement Direction of the Sanction System in China’s Anti-monopoly Law
- 21 Application of the 2006 Guidelines on Fines by the European Commission and the Union Courts
- 22 Competition Law Sanctions in Germany
- 23 Competition Law Sanctions in Hungary
- 24 Competition Law Sanctions in Indonesia and a Comparison to Other ASEAN Member States
- 25 Competition Law Sanctions in Italy
- 26 Competition Law Sanctions in Japan
- 27 Effectiveness of Competition Law Sanctions: Kenya
- 28 The Enforcement of Competition Law in the Netherlands
- 29 A Barking Dog Seldom Bites
- 30 Effectiveness of Competition Law Sanctions
- 31 Competition Law Sanctions in Spain
- 32 The Swedish Competition Law Enforcement System
- 33 Effectiveness of Competition Law Sanctions: Turkey
- 34 Competition Law Sanctions in the United Kingdom
24 - Competition Law Sanctions in Indonesia and a Comparison to Other ASEAN Member States
from Part II - Country Reports
Published online by Cambridge University Press: 29 July 2022
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- Part II Country Reports
- 17 Competition Law Sanctions in Austria
- 18 Antitrust Enforcement in Belgium
- 19 The Effectiveness of Competition Law Sanctions: Brazil
- 20 The Present Situation and Improvement Direction of the Sanction System in China’s Anti-monopoly Law
- 21 Application of the 2006 Guidelines on Fines by the European Commission and the Union Courts
- 22 Competition Law Sanctions in Germany
- 23 Competition Law Sanctions in Hungary
- 24 Competition Law Sanctions in Indonesia and a Comparison to Other ASEAN Member States
- 25 Competition Law Sanctions in Italy
- 26 Competition Law Sanctions in Japan
- 27 Effectiveness of Competition Law Sanctions: Kenya
- 28 The Enforcement of Competition Law in the Netherlands
- 29 A Barking Dog Seldom Bites
- 30 Effectiveness of Competition Law Sanctions
- 31 Competition Law Sanctions in Spain
- 32 The Swedish Competition Law Enforcement System
- 33 Effectiveness of Competition Law Sanctions: Turkey
- 34 Competition Law Sanctions in the United Kingdom
Summary
In legal procedures, sanction is understood as a means to put a law into effect, by which the legal subject is compelled to comply with the law by providing incentives for compliance or penalties for infringement. To be effective, sanction needs to have a deterrent effect on the wrongdoer. Competition law sanction varies in different jurisdictions and may include rules of an administrative, private, and criminal law nature. In Indonesia, the competition authority can impose administrative sanctions. However, the law also provides for criminal sanction for the infringement, for which it requires a court decision. The law itself does not mention private sanctions. In practice, it is debatable whether it would be possible to claim damages from a competition law infringer via court. The study is divided into two parts. First, it focuses on sanctioning in competition law in Indonesia: while sanctions usually require a deterrent effect, two issues need further clarification. Secondly, it addresses the challenges needing to be overcome to establish an ASEAN competition law and ASEAN competition law enforcement body, and the attempts to harmonize competition laws of member countries.
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- Information
- The Cambridge Handbook of Competition Law Sanctions , pp. 460 - 477Publisher: Cambridge University PressPrint publication year: 2022