In Case There Are No Efforts for Objection, the Reporteds in Edible Oil Cartel Must Pay Fine

Case of Musim Mas, Wilmar, SMART, etc.

 

Source: http://eng.kppu.go.id/in-case-there-are-no-efforts-for-objection-the-reporteds-in-edible-oil-cartel-must-pay-fine/

KPPU has received neither official summons nor notice from the District Court regarding any Objections of the Reported Business Players relaas in the case No. 24/KPPU-I/2009 concerning edible oil cartel which was proven as having violated Article 4 (abuse of oligopolistic position), Article 5 (price agreement) and Article 11 (arrangement of supply to control/increase price) of Law Number 5 of 1999 concerning Prohibition against Monopolistic Practices and Unfair Business Competition.
As known, Article 44 of Law No. 5/1999 regulates that:
(1) Within 30 days upon receipt by the business player of the Commission’s notice on judgment, the business player shall be obligated to comply with the judgment and submit the report thereof to the Commission;
(2) The business player may submit objection to the District Court no later than 14 days upon receipt of the said notice on judgment.
Efforts for Objection are legal rights regulated by the Law specially provided for Reported business players that are not satisfied with KPPU’s judgment. Nevertheless, KPPU will be consistent to defense its judgment in the hearing of objections if only the legal efforts are taken. However, if the judgment is accepted, KPPU will facilitate the enforcement of this judgment willingly by the related business player.
The excerpt and copy of judgment in this case of edible oil cartel have been received by all reporteds, i.e. 21 business players. Therefore, based on Article 44 of Law Number 5 of 1999 concerning Prohibition against Monopolistic Practices and Unfair Business Competition, the reporteds shall be obligated to comply with the judgment that has been handed down by the Commission, except that they explicitly object through the District Court (PN) at the legal domicile of each Reported.
The data show that PT Bina Karya Prima, PT Tunas Baru Lampung, Tbk, PT Pacific and Palmindo Industri, received excerpt and copy of judgment on 8^th June 2010, so that the deadline for submission of objections shall be until 28^th June 2010.
PT Multimas Nabati Asahan, PT Sinar Alam Permai, PT Wilmar Nabati Indonesia, PT Multi Nabati Sulawesi, PT Agrindo Indah Persada, PT Permata Hijau Sawit, PT Nagamas Palmoil Lestari, PT Nubika Jaya, and PT Berlian Eka Sakti Tangguh received them on 9^th June and may submit objections by 29^th June 2010.
PT Musim Mas, PT Intibenua Perkasatama, PT Megasurya Mas, PT Agro Makmur Raya, PT Mikie Oleo Nabati Industri, and PT Indo Karya Internusa received them on 10^th June and have opportunity to submit objections by 30^th June 2010.
Meanwhile, PT Smart, Tbk, PT Salim Ivomas Pratama, and PT Asian Agro Agung Jaya received them on 15^th June, so that they may submit objections by 5^th July 2010.