INDONESIA Law and Practice Contributed by: Chandrawati Dewi, Gustaaf Reerink and Bilal Anwari, ABNR Counsellors at Law
7. Third-Party Rights, Confidentiality and Cross-Border Co-Operation 7.1 Third-Party Rights Competitors, customers, suppliers, industry associations and government agencies may be involved in the review process. The notifying party is required to provide contact details of the relevant third parties in the notification form and the KPPU may invite these parties for inter - view to gather their opinions on the transaction’s impact. There is no formal procedure for third parties to submit a complaint during the merger review process. However, any party that suffers losses due to the transaction can file a complaint with the KPPU, citing an alleged violation of Article 28 or other relevant provisions of the Competi - tion Law. This complaint will be examined and adjudicated separately by the KPPU within the framework of a formal investigation. 7.2 Contacting Third Parties The KPPU may reach out to third parties during its review process. The notifying party is required to include contact details of these third parties in the notification form. The KPPU may contact them via phone or email to verify the information provided and seek their views about the poten - tial competitive impact of the transaction. It is uncommon for the KPPU to send writ - ten questionnaires to third parties or conduct a “market test” on remedies proposed by the parties. 7.3 Confidentiality The fact of the notification and description of the transaction are no longer made public, as of 2019. See 5.6 Issuance of Decisions .
7.4 Co-Operation With Other Jurisdictions
The KPPU co-operates with competition author - ities in other jurisdictions on general policy mat - ters and the exchange of general information. As far as the authors are aware, the co-operation does not extend to specific transactions. The KPPU is under an obligation to maintain the confidentiality of business secrets obtained from the notifying party. 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Parties cannot appeal the KPPU opinion on merger control, which is also not binding. There is no avenue for judicial review of a KPPU opin - ion. However, the KPPU’s decisions on violations of the Competition Law can be appealed. Although it is rare, companies that have been subject to penalties for late notification can file an appeal on the KPPU’s decision with the Commercial Court and subsequently file for cassation with the Supreme Court. 8.2 Typical Timeline for Appeals The authority to review competition law cases was transferred from the District Court to the Commercial Court in 2021. The timeframe for the objection phase is between three and 12 months. After receiving the Commercial Court’s deci - sion, the parties may file for cassation with the Supreme Court. The amendment to the Com - petition Law revoked the requirement for the Supreme Court to issue a decision within 30
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