In February 2022, the Indonesia Competition Commission ("ICC") published two decisions involving bid-rigging conduct pursuant to government funded tenders. The first case related to a fishing port tender in Tulungagung and the second case related to the construction of a swimming pool in South Kalimantan. Key takeaways Article 22 of the Indonesian Competition Law ("ICL") prohibits business actors from conspiring with other parties to arrange or determine the winner of a tender where this may result in unfair business practices. In the first case, the ICC imposed a penalty against the winner of a fishing port tender and issued an order prohibiting other tender participants involved in the collusive conduct from participating in state-funded construction tenders for one year. In the
The Indonesian Competition Authority continues active enforcement against bid-rigging conduct following two decisions concerning a fishing port tender and the second one related to the construction of a swimming pool (Cipta Karya Multi Teknik / Bangun Persada...) (Cahayahikmah Jayapratama / Karya Kandangan...)
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