Dugaan Praktek Predatory Pricing dalam Electronic Commerce Di Indonesia

Abstract

This study aims to determine the flash sale program offered by business actors in e-commerce can be categorized as a Predatory Pricing Practice according to Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and also to determine the Supervision of the Business Competition Supervisory Commission ( KPPU) against Business Actor in e-commerce. The type of research used by the author is empirical legal research. It can be said that legal research is taken from the facts that exist in a society, legal entity or government institution. The flash sale program carried out by the e-commerce platform does not fulfill the elements of predatory pricing. Business actors can only be categorized as implementing predatory pricing which is prohibited if the sale and loss is carried out within a certain period of time, then increases the price significantly in the next period of time. Then if we look at Article 20 of Law Number 5 of 1999, there is an element of "with intent" which is the intention of the business actor (mens rea) trying to kill his competitors. The intention must be proven whether the flash sale is an intention to kill its competitors or is purely a strategy from the business actor to attract the attention of consumers. To examine the alleged Predatory Pricing, KPPU uses the rule of reason approach. The rule of reason approach is an approach used by KPPU to evaluate the consequences of certain agreements or business activities. The rule of reason approach is used to prove the flash sale program as a predatory pricing practice that causes unfair business competition.