DOMINANT POSITION DOCTRINE IN INDONESIA: A COMPARISON TO THE GERMAN COMPETITION LAW

Abstrak

This paper conducts a comparative legal study on the doctrine of dominant position in competition law, focusing on the frameworks of Indonesia and Germany. Although both countries prohibit the abuse of a dominant position, there are notable differences in the legal substance and practical application of their laws. This study addresses the gap in Indonesia's existing legal framework, which often struggles to effectively define and regulate dominant market power, especially in the digital economy era. Using a normative-comparative legal method, this paper analyzes legal norms and case law from both jurisdictions, examining the similarities and differences between them. By analyzing laws, doctrines, and cases from both countries, the paper finds that Indonesia’s reliance on general provisions under Law No. 5/1999 complicates enforcement, whereas Germany’s detailed rules facilitate addressing competition issues. The study suggests Indonesia can learn from Germany to better define dominance and regulate abuse, improving its competition law and market fairness.