Analisa Penerapan Pendekatan Rule of Reason dalam Putusan KPPU Nomor 04/KPPU-I/2021 tentang Pelanggaran Pasal 17 Undang-Undang Nomor 5 Tahun 1999 Dilakukan PT. Aero Citra Kargo Terkait Jasa Pengurusan Transportasi Ekspor Benih Bening Lobster

Abstract

Monopolistic practices occur if one or several business actors control the production and/or marketing of certain goods and services, causing unfair business competition. PT. Aero Citra Kargo is a company that has the task of managing the export transportation services for lobster clear seeds. PT. ACK is the sole company that owns SPWP as an export requirement. November 2020, PT. Aero Citra Kargo controls the entire market share of lobster clear seed export transportation management services in Indonesia. Monopolistic Practices are regulated in Article 17 of Law Number 5 Year 1999. In 2021, PT Aero Citra Kargo was declared in violation of Article 17 of Law Number 5 Year 1999. The Commission Panel in resolving the case of PT Aero Citra Kargo used the Competition Procedure Law including Law Number 5 of 1999, Business Competition Commission Regulation Number 1 of 2019, Law 11 of 2020, and Government Regulation Number 44 of 2021. The author uses a normative literature study research method, research collecting secondary data consisting of primary, secondary, and tertiary legal materials. The author uses the Rule of Reason approach in analyzing the case and identifies that PT Aero Citra Kargo has eliminated competition in the lobster clear seed export transportation management services market in Indonesia. KPPU Decision No. 04/KPPU-I/2021 stated that PT Aero Citra Kargo was proven to have committed Monopolistic Practices. The decision is supported by the facts of the trial and the Rule of Reason approach. KPPU Decision No. 04/KPPU-I/2021 did not impose a fine on PT Aero Citra Kargo because PT Aero Citra Kargo did not have the ability to pay the fine.