ON PROPOSAL TO REGULATE ABUSE OF SUPERIOR BARGAINING POSITION: LESSONS FROM OTHER JURISDICTIONS

2020 ◽  
Vol 50 (1) ◽  
pp. 145
Author(s):  
Meirani Suyawan ◽  
Kurnia Togar Pandapotan Tanjung

The latest version of the draft bill regarding Law on the Prohibition of Monopolistic Practices and Unfair Business Competition has added new arrangements about the abuse of a superior bargaining position. The new law proposal which is intended to amend existing Indonesian competition law (Law Number 5 Year 1999) stipulates that any business actor is prohibited from abuse its superior bargaining position within a partnership agreement with other less dominant entities. Under Law Number 20 Year 2008 on Micro, Small and Medium Enterprises, a partnership agreement means any agreement made between micro, small and medium enterprises and large enterprises like state or privately owned national businesses, joint ventures and foreign businesses that conduct economic activities in Indonesia. For example under the Indonesian Minister of State-Owned Enterprises (SoE) Regulation No. 7 of 2015, the SoE is obligated to arrange a business partnership agreement with small scale enterprise. Unlike the arrangements on abuse of dominant position which requires the establishment of monopoly power or dominance in a relevant market, the abuse of superior bargaining position may exist without market power and only required competition authority to detect whether there is any exploitation by the counterparty in a relatively stronger bargaining position. Such a condition makes many antitrust experts or economists question the relevancy of regulating abuse of superior bargaining position under competition law. However, several jurisdictions –Japan, Korea, Taiwan, France, and Germany- have regulated the abuse of superior bargaining position under their national competition laws

2020 ◽  
Vol 9 (3) ◽  
pp. 612
Author(s):  
Muhammad Waqas Ashraf ◽  
Dr. Khalid Latif ◽  
Qaisar Maqbool Khan ◽  
Jahangir Jabbar

This study investigates the consequences of Corona-virus (COVID-19) on the online business in Pakistan. COVID 19 changed the business world operations and procedures drastically. The new business norms evolved, and the human beings learned new practices for their behavior and business conduct. Developed nations like USA, UK, Italy suffered collapse of health care and economic activities. COVID-19 impacted all businesses including E-Business but the e-business is among few who got dual impact as most of the business activities are moving from physical to online that is e-business but due to the lock down e-businesses are not able to get the items on time. Small and medium enterprises (SMEs) and local business-es in Pakistan incurred huge losses due to the lock down and lack of facilities in developing countries like Pakistan. Some of the small-scale business permanently closed due to the COVID-19. E-Business also faces these terrible conditions in Pakistan due to the lack of government support and awareness. Many E-Commerce business imports product from China so that is the reason it is assumed that the Pakistani E-Business harshly effected by the COVID-19. This research survey shows that the COVID-19 has a negative impact on the e-Business in Pakistan.  


Author(s):  
Vivek N. Bhatt

The article focuses on the study of prevailing decision making styles of Small Scale Industrial (SSI) Units. It presents data collected from 200 SSI units from Bhavnagar – a coastal city of Gujarat, India. The objective of writing the article is to depict heuristic decision patterns of small and medium enterprises, and the rare use of analytical or statistical business intelligence tools in decision making processes. It would be interesting to study the design of decision taken on routine basis in small units, poorly equipped with technology and technical know-how. The paper is descriptive in terms, and lays a lucid picture of present decision making processes.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Abdulla ◽  
Shiv Kumar

Purpose This paper aims to examine technical efficiency and its determinants in Indian textile garments industry in post-agreement on textiles and clothing regime and evaluate the technical efficiency among micro, small and medium enterprises (MSMEs) firms. Design/methodology/approach This study uses unbalanced panel data for the period 2005–2010 to 2015–2016. The stochastic frontier function is used to estimate technical efficiency and its determinants. Findings The results show that the overall ecosystem of textile garments’ value chains could be improved to enhance the technical efficiency thereof. The result also reveals that small-scale firms have the highest technical efficiency scores, and medium-scale firms have the least technical efficiency score among all the categories of MSMEs. Research limitations/implications The textile garments industry needs to define its innovation strategies, as these strategies lead to different results that can be achieved only through the management of resources dedicated to the generation and implementation of innovations. Practical implications This study has shown that to offset India’s cost disadvantage in the international markets, there is a need to develop an ecosystem of textile manufacturing and value chains, eliminate the inverted duty structure (where inputs are taxed at a higher rate than the final product) and switch over from shuttle looms toward shuttle-less looms. This would unleash the potential of textile and garments industry and make it globally competitive and technically efficient. Further, there will be an alignment with the ease of doing business with an appropriate mix of policy, technology, institution, infrastructure, information and services. Originality/value Using frontier production function takes stochastic context into account for the dynamic character of technical efficiency and its components. Most of the past studies have assessed technical efficiency at the aggregate level using three-digit National Industrial Classification (NIC) or four-digit NIC code. An analysis at higher levels of aggregation masks the variation in technical efficiency. This study used five-digit NIC data to measure the firm-specific technical efficiency of the textile industry. According to the authors’ knowledge, this study is the first of its kind in the Indian textile industry using stochastic frontier approach and panel data. Further, it also looks at the contribution of different determinants in technical efficiency to the firms.


2015 ◽  
Vol 9 (2) ◽  
pp. 27-41 ◽  
Author(s):  
Tania Afroze ◽  
Md Kashrul Alam ◽  
Eliza Akther ◽  
Nahid Sultana Jui

The aim of this study is to find out the major challenges that hinder smooth operation of women entrepreneurs of Bangladesh. It also finds the reasons behind the success of the women entrepreneurship. Both primary and secondary data have been used to conduct the study. The questionnaire included questions about economic problems, family related issues, social constraints and other limitations faced by women entrepreneurs and the reasons behind their success. Women involved in various small and medium enterprises take on the challenge to work in a male-dominated society, competitive and complex economic and business environment. However, the identified challenges are inadequate capital, sales promotion, getting permission to start-up a business, gender discrimination, illiteracy and lack of knowledge among women, non-availability of training program and technical support, lack of managerial experience, in some cases young people make ill talk about the enterprise and so on. Personal qualities such as hard work and perseverance, management skills and marketing skills, support provided by their spouses or family are the main reasons behind the success of the women entrepreneurs. The level of participation of women in mainstream economic activities remains insufficient and the percentage of women in business is still much below than that of their male counterparts.Journal of Business and Technology (Dhaka) Vol.9(2) 2014; 27-41


2021 ◽  
Vol 9 (2) ◽  
pp. 183
Author(s):  
Supanji Setyawan ◽  
Chaidir Iswanaji

Poverty is one of the macroeconomic indicators in which Indonesia's economic development in aggregate shows a good picture and a decrease in the poverty level of the poor, but in terms of economic structure, segments of Indonesian society are still relatively lagging behind and relatively do not get real benefits from the results of development. Magelang Regency is one of the districts that have poverty problems. This poverty problem can be overcome by developing micro, small and medium enterprises (MSMEs), especially in the industrial sector, where this sector is the leading sector in Magelang Regency. The purpose of this study was to determine the effect of financing on the income of MSEs as customers of BMT Bima industrial business group and how the role of BMT in overcoming the problem of poverty through the functions of baitul mall and baitul tamwil. This study uses a simple linear regression analysis tool. The results obtained (1) the financing variable does not have a significant effect on the income variable of MSME customers of BMT Bima Magelang industrial business group, this is because there are still customers who use financing for personal economic activities, (2) BMT is able to reduce poverty levels by providing assistance that comes from zakat, infaq, sadaqah, and waqf and still persists by providing financing to MSME customers of the BMT Bima Magelang industry group


2017 ◽  
Vol 1 (3) ◽  
pp. 59-73
Author(s):  
A.A. Gde Putra Pemayun ◽  
A.A. Istri Agung Maheswari

This study examines the "Economic Impact of Craftsmen Statue on Community Base Tourism Development in Tohpati village Klungkung Bali". The core concept of economic problems is the imbalance between unlimited human needs and the means of satisfying the needs of a limited number. Economics should not be emphasized through the point, but it should be emphasized as an approach to explain human behavior (Gary Becker). The economic system is a means used to regulate all economic activities in society whether done by the government or private in order to achieve prosperity and prosperity together. The Economic system can be divided into three namely: a First capitalist economic system that is all economic activity submitted to the market. Second, the communist economic system is all things governed by the government. The third is a mixed economic system that is a combination of the two economic systems above (capitalist and communist). Indonesia should adopt a mixed economic system because firstly, Indonesia is an emerging country, where market failures often occur due to uneven information or accessibility to transportation and communication facilities. The second is that there are still many Indonesian people are below the poverty line. Thirdly most Indonesians have businesses that are still classified into small and medium enterprises that still can not compete perfectly with a bigger business.


2019 ◽  
Vol 2 (2) ◽  
pp. 68-75
Author(s):  
Nelvia Iryani ◽  
Syaiful Anwar

Labor is a very important asset in economic activities, but often the number of workers exceeds the available employment capacity, so it is very necessary to analyze the factors that affect employment. This study aims to estimate the relationship between wage, capital, production value to the amount of employment in Kerupuk Sanjai Small and Medium Enterprises (SMEs) in Kabupaten Limapuluh Kota This type of research is field research and use questioner to 100 respondens . The analytical tool used is multiple linear regression analysis with OLS (Ordinary Least Square) method and data processing using SPSS VR.21 software. The results of the study show that  all independent variabels has a  significant effect on labor absorption in Kerupuk Sanjai SMEs in Kabupaten Limapuluh Kota. capital is the variable that has the most influence in the absorption of labor in the Kerupuk Sanjai Small and Medium Enterprises (SMEs) in Kabupaten Limapuluh Kota.


Author(s):  
Minaketan Behera ◽  
Sanghamitra Mishra ◽  
Niharika Mohapatra ◽  
Alok Ranjan Behera

The outburst of COVID-19 has not only distressed the economic and social activities of Indian economy but also the world economy as a whole. Out of different economic activities, the micro, small and medium Enterprises (MSMEs) affected a lot. This article attempts to measure the contribution of MSMEs towards Indian economy and also attempts to find out the challenges and problems in pre- and during COVID period. We have used different descriptive statistics to measure the impacts of MSMEs and also use of correlation and co-integration to measure the relationship among the variables such as number of MSMEs, investment amount, employment and output. This pandemic is an exceptional shock for MSMEs. It is evident that there is a high degree of significant positive correlation among the variables. Johansen’s co-integration analysis resulted in the rejection of the null hypothesis signifying the existence of long-run co-integrating relationship. Given the extensive COVID-19 chaos, the government needs to establish an ongoing monitoring system and declare urgent relief steps to improve the MSMEs sector’s confidence. E-market linkage for MSMEs should be promoted, and fiscal stimulus should increase for this sector. The Government of India should take various measures to improve Indian MSMEs and achieve the vision of Self-reliant India.


2021 ◽  
Vol 13 (04) ◽  
pp. 78-91
Author(s):  
SENIWATI ◽  
Munif Arif RANTI ◽  
Oktaviano Nandito GUNTUR ◽  
Ibnu Aly BADIU

This article aims to deepen our knowledge of Japan’s foreign policy in the Southeast Asian region and its role in Indonesia’s economic development, focusing on their economic cooperation via the Indonesia–Japan Economic Partnership Agreement (IJEPA) and Manufacturing Industry Development Centre (MIDEC) programme. The former has promoted cooperation via a tariff reduction scheme, while the latter facilitates the Indonesian government’s aid to micro, small and medium enterprises in the entrepreneurial sector.


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