Modernisation of competition law in the digital market: what can Indonesia learn from the EU Digital Market Acts and its practice in the Netherlands?
Speakers

Sih Yuliana Wahyuningtyas
Associate Professor at Atma Jaya Catholic University of Indonesia

Inge Graef
Associate Professor of Competition Law at Tilburg University

Alessia d’Amico
Assistant Professor at the International and European Law Department of Utrecht University, where she coordinates the LLM Law and Technology

Tivana Arbiani Candini
Assistant Professor and full-time lecturer at Atma Jaya Catholic University of Indonesia in the Economic and Business Law Department of the Law Faculty
Event Details
The development of digital markets raises the need for a modernization of competition law and policy worldwide. In this regard, an exciting development in the EU with adopting the Digital Market Act (hereafter, DMA) can be considered as a model for other jurisdictions. Under the DMA, certain practices by large platforms acting as ‘gatekeepers’ will be prohibited, and the European Commission will be enabled to conduct market investigations and sanction non-compliant behaviors.
The DMA targets digital platforms’ (core platform services) prone to anti-competitive practices, most of which are social networks and search engines with a market capitalization of at least EUR 75 billion or an annual turnover of EUR 7.5 billion under Article 3 par. (1) and (2) of the DMA, the notion of ‘gatekeepers’ refers to companies that meet specific criteria. In the context of Indonesia, an ex-ante approach similar to the DMA can be considered considering different market situations between the EU and Indonesia.
Learning from how the DMA is implemented in the EU, exemplified in the Netherlands, will be beneficial for Indonesia in its attempts to modernize the current competition law and policy. For the Netherlands, understanding the current development of competition law and policy in Indonesia can broaden the horizon and bring insights into potential cooperation in the future, both in bilateral and regional levels. Opportunities and challenges for scaling up or broader regional impact. The topic is timely and relevant in responding to actual cases faced by the competition authorities.