ANALISIS PRAKTIK PERJANJIAN TERTUTUP DALAM HUKUM PERSAINGAN USAHA DALAM BISNIS WARALABA TERHADAP KASUS PUTUSAN NOMOR NO. 31/KPPU-I/2019

Abstract

The Business Competition Supervisory Commission has examined reports of alleged violations (LDP) against business actor PT Astra Honda Motor (reported) for making a tying agreement, to be precise in the form of a distribution agreement which states that distributors can buy certain goods (tying-product) with the condition that they must buy other goods. (tied product). Based on the description above, in this case the author wants to conduct an assessment of the practice of economic competition carried out by PT Astra Honda Motor which is suspected of practicing closed agreements. This study uses a normative approach to analyze legal rules and regulations related to franchise business and apply legal concepts in the context of technological developments and digital transformation. The results in this study are that the decisions of the Business Competition Supervisory Commission are characterized by the rule of reason in which actions committed by Business Actors have negative and positive impacts on the world of business competition and society. So that this led to differences of opinion and led to a decision issued by the Business Competition Supervisory Commission not condoning PT Astra Honda Motor's guilt. The decision issued by the Commission for the Supervision of Business Competition is correct and does not violate the provisions of Law Number 5 of 1999.