Indonesia merger control
Produced in partnership with Assegaf Hamzah & Partners
Practice notesIndonesia merger control
Produced in partnership with Assegaf Hamzah & Partners
Practice notes
A conversation with Farid Fauzi Nasution, partner at Indonesian law firm Assegaf Hamzah & Partners, on key issues on Merger control in Indonesia.
NOTE—to see whether notification thresholds in Indonesia and throughout the world are met, see Where to Notify.
1. Have there been any recent developments regarding the Indonesian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Indonesia?
The KPPU introduced a new merger control regulation through the KPPU Regulation No. 3 of 2023 on the Assessment of Mergers, Consolidations, or Acquisitions of Shares and/or Assets that May Result Monopolistic Practices and/or Unfair Business Competition (2023 Merger Regulation).
The 2023 Merger Regulation officially came into effect on 31 March 2023 and revoked the previous 2019 merger regulation. It sets out few notable changes on the Indonesian merger control landscape as follows:
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On the mandatory notification criteria
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The 2023 Merger Regulation has amended the previous worldwide asset threshold to Indonesian asset threshold. As such, the relevant assets to be considered in the calculation
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Jurisdiction(s):
United Kingdom
Key definition:
Merger control definition
What does Merger control mean?
The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).
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