Prof. Mark Furse: Why Indonesian Businesses Should Be Concerned

Glasgow

Competition law, often referred to as antitrust law, is a body of law that regulates corporate behavior, including agreements, the exercise of market power (monopoly/dominance), mergers, and other commercial activities that cross national boundaries. The United States (US) and the European Union (EU) possess well-developed and advanced competition law systems. Both jurisdictions have responded to certain anti-competitive practices arising outside their geographical territories. Therefore, it has become increasingly important for developing countries such as Indonesia to understand competition law, particularly as international business cooperation continues to expand over time.

Against this background, Prof. Mark Furse delivered a short lecture on Friday, March 18, 2014, entitled “Why Indonesian Businesses Should Be Concerned: The Application of US and EU Competition Law to Foreign Companies.” The Professor of Competition Law and Policy explained that Indonesian companies, even without a physical presence in the US or EU, may still fall within the jurisdiction of their laws. This is because the EU and the US apply doctrines that allow their competition laws to have broad extraterritorial reach: the US focuses on the business effects doctrine, while the EU places greater emphasis on the implementation of company conduct. The lecture began at 13:00 WIB and was attended by approximately 60 students from the Faculty of Law UGM.

M. Ryandaru Danisworo stated that the various examples presented by the professor from the University of Glasgow School of Law were highly relevant to phenomena occurring in everyday life. The 2014 cohort student also realized that Indonesia could become a victim of cartels or price manipulation if it fails to carefully understand the complex application of competition law. Another participant, Regina Sugito, expressed her hope of learning again from Prof. Mark Furse on another occasion. “Professor Mark’s short lecture on competition law has made me even more curious about the subject,” concluded the Jakarta-born student. (Sekar/Lita)

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