The Per Se Illegal Principle and the Rule of Reason in Tender Conspiracy Practices Under the Anti-Monopoly Law and Unfair Business Competition

Abstract

The purpose of this research is to find out how the Per Se Illegal and Rule of Reason principles can be applied by KPPU in handling cases of bid rigging based on the Anti-Monopoly and Unfair Business Competition Law. The method used is descriptive normative legal research using a statutory approach to regulations related to Article 22 of the Anti-Monopoly and Unfair Business Competition Law. The results of his research are that there are two approaches in dealing with the practice of bid rigging, namely the rule of reason and per illegal cell. The two approaches can be selected alternatively, but can also be used together. The rule of reason approach tries the substance of business actions and their impact on the people's economy, while the per se illegal approach uses a juridical-positivistic approach.