Analisis Yuridis Peran KPPU dalam Pencegahan Potensi Praktik Predatory Pricing dalam Platform E-Commerce di Indonesia Studi pada KPPU Wilayah Medan

Abstract

The use of the internet as a medium of trade continues to increase from year to year, this is due to the various benefits obtained by companies and consumers by making transactions through the internet or better known as E-commerce. In Indonesia, it has begun to be used by several companies, the development of technology has created a new business, namely an online mall / online marketplace used by business actors for online buying and selling processes, online buying and selling will not be able to run without the delivery of goods because of online buying and sellingThis is generally done between islands that have a considerable distance. In fact, there is one e-commerce that provides unreasonable prices, namely very high discounts for subsidies for shipping goods where the discounts are below the average price provided by other e-commerce. Meanwhile, regulations in the field of e-commerce or internet-based businesses are still very few and there is almost no written legal protection for other online marketplace business actors due to indications of Selling Losses carried out by these business actors. Therefore, it is necessary to conduct research related to ICC Regulations or Policies for business actors in carrying out supervision in the e-commerce sector and Legal Protection for other e-commerce Business Actors who are harmed by Predatory Pricing activities. This research uses a Legislative Approach, a Conceptual Approach, and a Case Approach. Determination of whether or not there is a loss-making sale in Indonesia The duties and authorities of ICC are regulated in articles 35 and 36 of Law No. 5 of 1999. ICC carries out its duties to supervise three things in the law that concern the practices of prohibited activities, prohibited agreements and dominant positions Based on the formulation of Article 20 of Law No. 5 of 1999, it can be seen that not all activities of selling at a loss or very cheap are not automatically illegal acts. In the event that there is an indication of predatory action, it must be examined whether there are acceptable and justifiable reasons for such action, and whether such actions may indeed result in monopolistic practices and unfair business competition.