Under KPPU Regulation No. 2 of 2021, the Indonesia Competition Commission ("KPPU") details the calculation and payment mechanism for administrative fines imposed under KPPU decisions. The administrative fine itself is capped at either 50% of the company's net profit or 10% of its turnover. Either percentage will be calculated from the relevant market during the violation period.
This KPPU regulation also requires a party appealing against a KPPU decision to submit a bank guarantee. The bank guarantee will be liquidated if the Commercial Court, the court responsible to hear appeals of competition cases, upholds the KPPU decision.
Lastly, this regulation allows a party to pay fines for violation of the competition law by way of a maximum of 36-month instalments.
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