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During the Covid-19 pandemic, numerous jurisdictions have used Anti-Trust Relaxation, also known as Anti-Trust Immunity (ATI) in the United States, recognized as block exemption, authorization, or dispensation in other jurisdictions. Essentially, this ATI states that collaboration between business actors does not always imply an infringement in competition. There are times when cartels and teamwork can be beneficial to the environment. Many businesses have suffered enormous losses because of the Covid-19 outbreak, and they require assistance and support to survive in this unique scenario. Most likely, survival is only possible when business competitors embrace 'gotong royong' or collaboration. Anti-trust immunity, which allows collaboration-usually defined as cartel in normal situation-will be assessed and authorized accordingly by Business Competition Supervisory Commission (KPPU). Another possibility is to include this ATI in the new bill, which would be even more authoritative. On November 2020, KPPU Regulation No. 3 of 2020 on Competition Relaxation was enacted. However, detailed implementation provision will be required in implementation of the Regulation.
Keywords: anti-trust immunity; authorization; block exemption; cartel relaxation; dispensation.


anti-trust immunity authorization block exemption cartel relaxation dispensation

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  1. Books
  2. Johnny Ibrahim. Competition Law: Philosophy, Theory, and Implications for Its Application in Indonesia. Bayumedia Publishing. Malang. 2009.
  3. Lubis, Andi Fahmi (et. al) .Competition Law : Textbook. KPPU. Second edition. Jakarta : 2017.
  4. Suhasril and Makarao, Muhammad Taufik . “Law on the Prohibition of Monopolistic Practices and Unfair Business Competition in Indonesia”. Ghalia Indonesia. Bogor : 2010
  5. Journals
  6. Drexl, Josef and Frueh, Alfred and Mackenrodt, Mark-Oliver and Ullrich, Hanns and Picht, Peter Georg and Pulyer, Boris, “Comments of the Max Planck Institute for Intellectual Property, Competition and Tax Law on the Draft Commission Block Exemption Regulation on Research and Development Agreements and the Draft Guidelines on Horizontal Cooperation Agreements” (November 1, 2010). IIC - International Review of Intellectual Property and Competition Law, Forthcoming, Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 10-12, Available at SSRN:
  7. Ningsih, Ayup Suran. “Implications of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition for Micro, Small and Medium Enterprises (MSMEs)”. Jurnal Penelitian Hukum De Jure, Vol. 19, No.2. 2019.
  8. Suhartono , R.B. . “Conglomeration and the Relevance of the Antitrust / Anti-Monopoly Law in Indonesia”. Jurnal Hukum Bisnis. Volume 4 . 1998.
  9. Rifai Badriyah, “Examining the Content and Vision of Law Number 5 Year 1999 concerning Anti-Monopoly”, Ius Quia Iustum Law Journal of Islamic University of Indonesia, Vol 8. No. 17, p. 73-86
  10. Ruble, Richard and Versaevel, Bruno. “Market shares, R&D agreements, and the EU block exemption”. International Review of Law and Economics, Volume 37, March 2014, p.15-25.
  11. Wahjono, Sentot Imam and Marina, Anna, “Anti Monopoly Policy in The Indonesian Economy”, Jurnal Balance Vol. 3, No. 1: 1-15, 2009,, [accessed 18/11/2020].
  12. Mudrika, “Corporate Criminal Responsibility Under Law Number 5 Year 1999 Concerning Anti Monopoly Prohibition And Unhealthy Business Competition”, Journal Legal Opinion. 2016. . [accessed 18/11/2020]
  13. Electronic Reference
  14. ______________(Without Author), These are the 5 biggest cartel cases in Indonesia, Aug 2012,
  15. _________(Without author) . “What is a Cartel? What is the Impact on the Economy?”. (without year).
  16. ACCC. “Interim authorisation decision”. March 2020.
  17. Latham and Watkins LLP. “Impact of Covid 19 : New Exemption Under Anti Trust Law”. October 2020.
  18. Legal Information Institute. “State Action Anti-Trust Immunity”. (without year),
  19. Nissen, Morten and Kuipers, Pauline. “German Federal Minister of Economic Affairs is considering relaxation of cartel rules at the time of COVID-19”. April 2020.,
  20. Nelson, Siska. Indonesian Gotong Royong (Mutual Assistance) : Traditional Communal Work for the Community. (without year).
  21. Rizkiyana, HMBC Rikrik and Nasution, Farid Fauzi. “Is There A Room For Cartel and Collaboration in the New Normal?”. June 2020,
  22. Rudiantara. “Pancasila Powers due to the value of mutual cooperation”. October 2019.
  23. Simanjuntak, Johnson (ed). “Japanese Company Survey. 10 Japanese Companies Will Leave Indonesia “. November 2020.
  24. Steger Jens ( “Covid-19 Pandemic and Competition Law : Survive Covid-19 Form of a Cartel?”. March 2020.
  25. United Nation Conference on Trade and Development. “ Review of Chapter V and VI of Model Law on Competition”. May 2018., [accessed 18/11/2020].
  26. Webinar
  27. Farid Fauzi Nasution, Webinar on Cartel and Collaboration: Competition Law during the Covid- 19 and the New Normal, Assegaf Hamzah and Partners, 27 May 2020
  28. Laws and Regulation
  29. Bill of Law No. ___ Year ___ concerning Prohibition on Monopoly Practices and Unfair Business Practices,, [accessed 18/11/2020]
  30. Law Number 5 Year 1999 concerning Prohibition of Monopoly Practices and Unfair Business Practices.
  31. Law Number 11 Year 2020 concerning Job Creation.
  32. KPPU Regulation No. 4 of 2010 concerning Cartel
  33. KPPU Regulation Number 3 Year 2020 the Relaxation of Legal Enforcement of Monopoly Practices and Unfair Business Competition and Monitoring of Partnership Implementation to Support the National Economic Recovery.