scholarly journals PELANGGARAN HUKUM PERSAINGAN USAHA DALAM MEKANISME WHOLESALER PENJUALAN TIKET PENERBANGAN IBADAH UMRAH

2021 ◽  
Vol 1 (2) ◽  
pp. 195-211
Author(s):  
Marina Ramadhani ◽  
Muhammad Alhada Fuadilah Habib ◽  
Adelina Fitri
Keyword(s):  
Negative Impact ◽  
Competition Law ◽  
Travel Agents ◽  
Discriminatory Practice

Abstrak: Data terbaru menunjukkan bahwa jumlah masyarakat Indonesia yang melakukan perjalanan ibadah umrah mengalami peningkatan yang cukup signifikan. Hal ini memunculkan kerjasama di berbagai bidang, terutama pada bidang penerbangan. PT. Garuda Indonesia (Persero) Tbk. yang menjadi pilihan utama bagi PPIU (Penyelenggara Perjalanan Ibadah Umrah) untuk memberangkatkan jemaah umrah. Namun ternyata PT. Garuda Indonesia (Persero) Tbk. mengingkari komitmen kerjasama tersebut, dengan membuat mekanisme wholesaler untuk penjualan tiket penerbangan ibadah umrah melalui penujukan langsung yang tidak transparan, hanya kepada kelima wholesaler saja. Hal ini dipandang sebagai praktik diskriminasi terhadap PPIU lainnya dan tentu saja melanggar ketentuan hukum persaingan usaha pada Pasal 19 huruf d, karena melakukan penguasaan pasar dengan cara melakukan praktik diskriminasi. Selain itu mekanisme wholesaler penjualan tiket penerbangan ibadah umrah tersebut berdampak negatif terhadap pihak terkait yaitu, konsumen, biro dan agen perjalanan umrah lain, serta PT. Garuda Indonesia (Persero) Tbk. itu sendiri. Kata Kunci: Wholesaler; Tiket Penerbangan; Ibadah Umrah; Praktik Diskriminasi; PT. Garuda Indonesia.   Abstract: The latest data shows that the number of Indonesians who travel for Umrah has increased significantly. This has led to cooperation in various fields, especially in the field of aviation. PT. Garuda Indonesia (Persero) Tbk. is the main choice for PPIU (Umrah Worship Travel Organizer) to dispatch Umrah pilgrims. However, it turns out that PT. Garuda Indonesia (Persero) Tbk. denying the commitment to cooperation, by establishing a wholesaler mechanism for the sale of flight tickets for Umrah pilgrimages through non-transparent direct appointments, only to the five wholesalers. This is seen as a discriminatory practice against other PPIUs and of course violates the provisions of the business competition law in Article 19 letter d, because it controls the market by practicing discrimination. In addition, the wholesaler mechanism for selling Umrah flight tickets has a negative impact on related parties, namely, consumers, other Umrah travel agents, and agents, as well as PT. Garuda Indonesia (Persero) Tbk. itself. Keywords: Wholesaler; Flight ticket; Umrah; Discriminatory Practices; PT. Garuda Indonesia.

scholarly journals Local nexus in merger control regimes

2017 ◽  
Vol 1 (1) ◽  
pp. 155-160
Author(s):  
Daniela Lukáčová
Keyword(s):  
European Commission ◽  
Negative Impact ◽  
Competition Law ◽  
Potential Effect ◽  
The State ◽  
Merger Control ◽  
National Legislation ◽  
Market Shares ◽  
Economic Size ◽  
The Eu

Merger control is one of the competition law tools. While competition authorities in EU act primarily on the basis of national legislation, European Commission controls mergers with EU dimension. The jurisdictional tests relate only to the economic size of the parties and do not depend on the market shares of the parties or substantive impact of the transaction, or on whether the concentration will have any effects within the state. Globalization increases the number of multijurisdictional mergers that are subject to control of several competition authorities within or outside the EU. Differences in merger control proceedings in such cases with regard to the timeframe, or the result of the proceeding, could have a negative impact on the economy in another country. Parties to the concentration could decide to neglect the merger notification due to the timeframe, or complications connected with approving of multijurisdictional merger in other countries with jurisdiction. Therefore, the national authorities’ effort to set in their legislation turnover criteria with local nexus could help to control concentrations with potential effect on competition in their country.

scholarly journals Legal Aspects of Business Competition in the Procurement of Covid-19 Vaccine by Bio Farma Ltd

2021 ◽  
Vol 23 (2) ◽  
pp. 193-209
Author(s):  
Tri Utomo Wiganarto ◽  
Asenar Asenar ◽  
Elisatris Gultom
Keyword(s):  
Qualitative Analysis ◽  
Negative Impact ◽  
Competition Law ◽  
Legal Aspects ◽  
Study Analysis ◽  
Conceptual Approach ◽  
Library Research ◽  
The Government ◽  
Study Techniques ◽  
Article 50

The purpose of this research is to analyze the exclusion of monopoly by State Owned Enterprises (BUMN) based on the provisions of business competition law in the procurement of the Covid-19 vaccine by Bio Farma (Persero) Ltd. Indonesia is being hit by the Covid-19 outbreak. This condition has had a negative impact in various fields. To overcome this, one of the government's efforts is to bring in vaccines to prevent the spread, and the procurement of vaccines is given to Bio Farma Ltd. There are indications of monopoly actions in the procurement of Covid-19 vaccines by Bio Farma Ltd. This research uses the approach statute approach and conceptual approach. The technique of tracing legal materials uses field study techniques and document studies (library research), as well as study analysis is using qualitative analysis. The results of the research and the discus-sion show that the procurement process for the Covid-19 vaccine is strictly regulated by the government. Even the quantity, procurement, and distribution are coordinated by the government in this case through the assignment of SOEs (BUMN) as regulated in Presidential Regulation Number 99 of 2020 as amended by Presidential Regulation Number 14 of 2021. The results of the study show that the actions taken by SOEs (BUMN) in this case Bio Farma (Persero) Ltd in procuring the Covid-19 vaccine is included in the excluded monopoly category, because it meets the elements of the provisions in Article 50 paragraph a. Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.

scholarly journals COMPETITION LAW HARMONIZATION: WHAT ASEAN CAN LEARN FROM OTHERS?

2020 ◽  
Vol 4 (2) ◽  
pp. 195-216
Author(s):  
Cenuk Sayekti
Keyword(s):  
Negative Impact ◽  
Main Tool ◽  
Competition Law ◽  
Its Region ◽  
Legal Culture ◽  
Member States ◽  
Cross Border ◽  
Border Trade

This paper examines the difficulties of competition law harmonisation in ASEAN. Harmonisation is believed as the main tool to help ASEAN from legal friction and tension when it engaged cross-border trade within its region. The benefits of harmonisation are expected to help the member states to avoid negative impact of anti-competitive conducts. Nevertheless, there is a concern arising from such integration of competition law: differences of treatment and dissonant of legal culture.

scholarly journals Bisnis Online Agent Ilegal dalam Perkembangan Industri Pariwisata Bali

2019 ◽  
Vol 2 (2) ◽  
pp. 53
Author(s):  
I Gusti Ayu Putu Wijayanti
Keyword(s):  
Negative Impact ◽  
Present Condition ◽  
Travel Agency ◽  
Travel Agent ◽  
Travel Agents ◽  
Negative Impacts ◽  
Set Up ◽  
Online Travel ◽  
Agency Management ◽  
Online Travel Agents

<p><em>The increasing number of illegal online travel agencies recently has become a hot issue that being discussed by the entrepreneurs of tourism business service in Bali. This kind of business has triggered tariff competition, which is unhealthy and has negative impact on the existence of travel agency business in Bali. Therefore, this phenomenon becomes an interesting issue to be investigated. Aims of the investigation were to know the growth of illegal online travel agent business, its impacts and to formulate policies for controlling it that are more relevant to present condition, creating conducive, harmonious, an</em><em>d</em><em> balanced tourism business in Bali. The impacts of illegal online travel agents were classified into economic, social, culture, and impacts on images. Dealing with illegal online travel agent business, it was observed that there was no negative impacts of tourist. The tourist stated that they were remain satisfied to the services given by illegal online travel agents. The effort made by the governments was still limited on providing suggestion, because there has not been a strong punishment for the offender. Thus, it is recommended that there is a need to set up a policy to control illegal online travel agent in Bali. The local government should formulate more effective and efficient policies, to restore the harmony and balanced conditions of tourism business in Bali. In addition, for the travel agency management, they should obey the law and regulations in running the business. </em></p>

Revisiting the Relationship Between Tourism and Crime Based on a Dynamic Spatial Durbin Model

2021 ◽  
pp. 001112872110647
Author(s):  
Jun Zhang ◽  
Guopeng Xiang
Keyword(s):  
Negative Impact ◽  
Interactive Effect ◽  
Spillover Effect ◽  
Tourism Development ◽  
Spillover Effects ◽  
Spatial Durbin Model ◽  
Data Set ◽  
Travel Agents ◽  
The Relationship ◽  
Dynamic Spatial Durbin Model

To determine the extent to which tourism development affects crime rate, this study uses a dynamic spatial Durbin model (DSDM) to examine the spatial effect of tourism on crime. Based on a panel data set of 21 cities in Sichuan Province, China, over the 2008 to 2018 period, and after controlling for the interactive effect, the results reveal that tourism exerts a significantly negative impact on crime. This implies that tourism development can reduce crime. Moreover, tourism has a negative spatial spillover effect; thus, increased tourist arrivals decrease crime in neighboring cities. Per capita GDP, wages, unemployment, population density, hotels, scenic spots, and travel agents generate various direct and spillover effects. Finally, we provide policy suggestions.

scholarly journals VERTICAL RESTRAINTS: TAMING THE COMPETITION DISORDER

2008 ◽  
Author(s):  
Harshita Bhatnagar ◽  
Vinay Mishra
Keyword(s):  
Adverse Effect ◽  
Developmental Disorders ◽  
Negative Impact ◽  
Competition Law ◽  
Vertical Restraints ◽  
Production Chain ◽  
Legislative History ◽  
Rule Of Reason ◽  
Restrictive Trade ◽  
History Of

India’s Competition Act, 2002, deals with anti-competitive agreements in section 3, dividing them into horizontal and vertical agreements. Horizontal agreements are those between enterprises at the same stage of the production chain, such as between two rivals; these are dealt with under a presumptive rule that appreciable adverse effect on competition is presumed. Vertical agreements are those between enterprises at different stages of the production chain, such as between manufacturer and distributor. These are dealt with on a rule of reason basis, ie appreciable adverse effect on competition needs to be proved by the Competition Commission of India, which essentially means that the positive as well as negative impact of such agreement on competition will have to be taken into account before coming to any conclusion. These concepts will be discussed at length in the later sections of this article. The focus of this article is on vertical agreements and the resultant market distortions. The following segments of the paper will deal with the legislative history of the infant competition law in India, and will analyse the impressions of the vertical restraints in the Indian competition fabric with reference to the Competition Act, 2002 (yet to be enforced), Monopolies and Restrictive Trade Practices Act, 1969 (MRTP), and the Indian and international case laws. The article also touches on the issues of enforcement and the treating of the consequential developmental disorders in the economy.

scholarly journals Deceptive Conducts before the Patent Office

2019 ◽  
Author(s):  
Eugenio Hoss
Keyword(s):  
Comparative Analysis ◽  
Negative Impact ◽  
Competition Law ◽  
Case Law ◽  
Patent System ◽  
Patent Office ◽  
Patent Landscape ◽  
The Us ◽  
The World ◽  
The Eu

In an increasingly harmonized global patent landscape, few issues still distinguish the US patent system as much as its strict–and often criticized–duty of candor and its inequitable conduct doctrine. The EPO and most other countries around the world impose less burdensome disclosure duties upon patent applicants. What is there to learn from the experience in the US? Have these tools resulted in any benefit worth considering? Yet regardless of the disclosure duties imposed upon patent applicants, a deceptive conduct before the Patent Office could lead to unwarranted exclusive rights and have a negative impact on competition. Should antitrust law intervene? Is it a case of sham litigation? This work attempts to answer those questions through a comparative analysis, examining the law and case law in the US and in the EU from both a patent and a competition law perspective and seeking a workable theory of harm.

Mitochondrial hyperfusion: a friend or a foe

2020 ◽  
Vol 48 (2) ◽  
pp. 631-644 ◽  
Author(s):  
Rajdeep Das ◽  
Oishee Chakrabarti
Keyword(s):  
Negative Impact ◽  
Cellular Stress ◽  
Cellular Homeostasis ◽  
Mitochondrial Population

The cellular mitochondrial population undergoes repeated cycles of fission and fusion to maintain its integrity, as well as overall cellular homeostasis. While equilibrium usually exists between the fission–fusion dynamics, their rates are influenced by organellar and cellular metabolic and pathogenic conditions. Under conditions of cellular stress, there is a disruption of this fission and fusion balance and mitochondria undergo either increased fusion, forming a hyperfused meshwork or excessive fission to counteract stress and remove damaged mitochondria via mitophagy. While some previous reports suggest that hyperfusion is initiated to ameliorate cellular stress, recent studies show its negative impact on cellular health in disease conditions. The exact mechanism of mitochondrial hyperfusion and its role in maintaining cellular health and homeostasis, however, remain unclear. In this review, we aim to highlight the different aspects of mitochondrial hyperfusion in either promoting or mitigating stress and also its role in immunity and diseases.

Health Communication: Implications for Diverse Populations

2011 ◽  
Vol 18 (1) ◽  
pp. 12-19
Author(s):  
Amy Hasselkus
Keyword(s):  
Health Care ◽  
Health Communication ◽  
Negative Impact ◽  
Linguistically Diverse ◽  
Good Health ◽  
The United States ◽  
Poor Health ◽  
Health Care Decisions ◽  
Diverse Backgrounds ◽  
Health Related

The need for improved communication about health-related topics is evident in statistics about the health literacy of adults living in the United States. The negative impact of poor health communication is huge, resulting in poor health outcomes, health disparities, and high health care costs. The importance of good health communication is relevant to all patient populations, including those from culturally and linguistically diverse backgrounds. Efforts are underway at all levels, from individual professionals to the federal government, to improve the information patients receive so that they can make appropriate health care decisions. This article describes these efforts and discusses how speech-language pathologists and audiologists may be impacted.

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