Fair Competition and Abuse of Dominant Position: How Market Leader Can Be Abusive in the Relevant Market?

Market leader is business actor who has the potential to abuse the dominant position. Througha high percentage of sales, market leader has a large pen in related market, thus the dominantposition abuse is prone to occur. In order to that abuse does not occur and is detrimental to theconsumer, the Business Competition Supervisory Commission applies pre-notificationprocedure for business actor to conduct merger, acquisition, and consolidation. The purpose ofthis study is to provide legal protection which is carried out by the Business CompetitionSupervisory Commission to market leader who has the potential to carry out unfair businesscompetition. This protection is related to the effort to prevent consumer loss which caused bymarket leader who abuse the dominant position. The Business Competition SupervisoryCommission made the regulation number 13 of 2010 and the Government Regulation Number57 of 2010 as a merger review guideline related to merger, consolidation and acquisition. Theformation of these articles was a preventive measure to anticipate the abuse of dominantposition by market leader in Indonesia.