bl summ

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Based on the report of further examination result (hereinafter referred to as " or LHPL "), Noted the views of defence, letters, documents and other evidence, the Commission and the Council to assess the presence or absence of misconduct has been reported in the event. The evaluation, the Commission describes in some parts of the Council, namely: firstly, LHPL on of fense, the person Said, thirdly , formal aspects; Fourthly , the relevant market, market share, fifth, sixth, a point Reported a violation of article 17, paragraph (1) and article 25, paragraph (1) of Act No. 5/1999; seventh, infringement of article 28, paragraph (2) Law No. 5/1999; eighth, violate Article 20 of Law No. 5 / 1999; ninth, conclusions, tenth, consideration before deciding; eleventh, suggestions and considerations, the twelve, dictum verdict and cover .--------------- - - ----------------------------------------------- - - - 1. About Breach LHPL ;---------------------------------------------- --------------- Regarding Reported violation by the Team in LHPL esse ntially stated that the Party has done monopolistic practices, abuse of dominant position, and make the acquisition of shares resulting in monopolistic practices and healthy through the acquisition of PT unfair business . Alfa Retailindo Tbk. (Hereinafter called the "Alfa"). On that basis, the T eam concluded that the Party has violated Article 17 paragraph (1), Article 25 paragraph (1) letter a, and Article 28 paragraph (2) of Law no. 5 of 1999 and not to investigate further to Article 20 of Law no. 5, 1999; -------------------- 2. repor ted i denti ty (v ide C144, C145) 2.1 Reported in this case is PT . Carrefour Indonesia, a legal entity incorporated under the laws of Indonesia, in accordance with the Deed PT Carrefour Indonesia, namely the Deed No. 18 dated August 11, 2008, executed before Notary & PPAT Siaril Merry Susanti, SH, which is currently in Carrefour in Building 3rd Floor, Jl. Lebak Bulus Raya No. 8, South Jakarta ;-------------------------------- 12 310 2.2 It was reported originally founded in 1998 by opening its first outlet in Cempaka Putih. In 1999 Reported inaugurate three other outlets in Jakarta, which in Duta Merlin, Pluit and Cempaka Mas ;---------------------------- 2.3 In 1999, reported by the amalgamation (merger) with the Continent and the opening of the outlet Ratu Plaza as the first outlet opened after the merger; -------------------- ---- - -------------------------------------------- ---- - 2.4 Carrefour is the result of a merger between PT . Contimas Utama Indonesia (PT. Cui) with (PT. CPI) and PT. Carti Satria Megaswalayan (PT CSM) into force on December 23, 2003. In this case PT. Cui act as receiver of the Company Merger (the surviving entity) and changed its name to PT. Carrefour Indonesia; ----- 2.5.PT.CUI is built 178 dated November 29, 1995 and are legally established as a limited liability company from the date of March 6, 1996 ;--------------------------- ----- ------------------ 2.6 PT. CPI was established based on Deed No. 32 dated June 28, 1996 and legally established as a limited company since 2 September 1996; ------ 7.2 PT. CSM legitimate standing as a Limited Company since February 6, 1996 and amended by deed of change No. 87 dated March 5, 1998 ;-------------------- ------ ------------------ ----------------------- 02/08 shareholding structure. Carrefour Indonesia are as follows: -------------------------------------------- ---------------------------------------- 2.8.1 Carrefour SA (France) at 66 , 72% - --------------------------------- 2.8.2 Carrefour Nederland BV (Netherlands) at 21.81 %, and - -------------- 2.8.3 onesia BV (Netherlands) at 11:47 am %------------------- --- --- ------------- 3. Formal Aspects; ------------------- 3.1 Prior to the Assembly Commission to assess and conclude the main things (material aspect), the Assembly Commission to assess in advance the opinion or defense Reported on matters unrelated to the substantive aspects of this case; ------- --- --- -------------------------------------------- 3.2 --- --- ---------------- opinion or defense, is reported essentially stated that the Investigation T eam did not examine all evidence, documents, and testimony of the Party, T eam Party only for calls to as many as 3 (three) times, teams only use 6 (six) point quotation information from Party, T im did not respond to a request from the Party to conduct a special meeting to discuss more intensive in this case; --- -------- - -------------------------------------- 3.3 Relative to the above, the level of Assembly Commission as follows: ------------------------------------ ---------- -------------------------------------- 3.3. 1 Evidence, document and “keterangan terlapor”.sesuai dengan Pasal 4 Peraturan Komisi Pengawas Persaingan Usaha Nomor 1 Tahun 2006 Tentang Tata Cara

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Page 1: BL summ

8/7/2019 BL summ

http://slidepdf.com/reader/full/bl-summ 1/2

Based on the report of further examination result (hereinafter referred to as " or LHPL "), Noted the

views of defence, letters, documents and other evidence, the Commission and the Council to assess

the presence or absence of misconduct has been reported in the event. The evaluation, the

Commission describes in some parts of the Council, namely: firstly, LHPL on offense, the person

Said, thirdly, formal aspects; Fourthly, the relevant market, market share, fifth, sixth, a point

Reported a violation of article 17, paragraph (1) and article 25, paragraph (1) of Act No. 5/1999;

seventh, infringement of article 28, paragraph (2) Law No. 5/1999; eighth, violate Article 20 of LawNo. 5 / 1999; ninth, conclusions, tenth, consideration before deciding; eleventh, suggestions and

considerations, the twelve, dictum verdict and cover .--------------- - -

----------------------------------------------- - - - 1. About Breach

LHPL ;---------------------------------------------- --------------- Regarding Reported violation by the Team in

LHPL essentially stated that the Party has done monopolistic practices, abuse of dominant position, and

make the acquisition of shares resulting in monopolistic practices and healthy through the acquisition of 

PT unfair business . Alfa Retailindo Tbk. (Hereinafter called the "Alfa"). On that basis, the Team

concluded that the Party has violated Article 17 paragraph (1), Article 25 paragraph (1) letter a, and

Article 28 paragraph (2) of Law no. 5 of 1999 and not to investigate further to Article 20 of Law no. 5,

1999; --------------------

2. reported identity (vide C144, C145)

2.1 Reported in this case is PT. Carrefour Indonesia, a legal entity incorporated under the laws of 

Indonesia, in accordance with the Deed PT Carrefour Indonesia, namely the Deed No. 18 dated August

11, 2008, executed before Notary & PPAT Siaril Merry Susanti, SH, which is currently in Carrefour in

Building 3rd Floor, Jl. Lebak Bulus Raya No. 8, South Jakarta ;-------------------------------- 12 310 2.2 It

was reported originally founded in 1998 by opening its first outlet in Cempaka Putih. In 1999 Reported

inaugurate three other outlets in Jakarta, which in Duta Merlin, Pluit and Cempaka

Mas ;---------------------------- 2.3 In 1999, reported by the amalgamation (merger) with the Continent

and the opening of the outlet Ratu Plaza as the first outlet opened after the merger; -------------------- ----

- -------------------------------------------- ---- - 2.4 Carrefour is the result of a merger between PT.

Contimas Utama Indonesia (PT. Cui) with (PT. CPI) and PT. Carti Satria Megaswalayan (PT CSM) into

force on December 23, 2003. In this case PT. Cui act as receiver of the Company Merger (the surviving

entity) and changed its name to PT. Carrefour Indonesia; -----

2.5.PT.CUI is built 178 dated November 29, 1995 and are legally established as a limited

liability company from the date of March 6, 1996 ;--------------------------- -----

------------------ 2.6 PT. CPI was established based on Deed No. 32 dated June 28, 1996 and

legally established as a limited company since 2 September 1996; ------ 7.2 PT. CSM

legitimate standing as a Limited Company since February 6, 1996 and amended by deed of 

change No. 87 dated March 5, 1998 ;-------------------- ------ ------------------

----------------------- 02/08 shareholding structure. Carrefour Indonesia are as follows:

-------------------------------------------- ---------------------------------------- 2.8.1 Carrefour SA

(France) at 66 , 72% ---------------------------------- 2.8.2 Carrefour Nederland BV

(Netherlands) at 21.81 %, and - -------------- 2.8.3 onesia BV (Netherlands) at 11:47 am%------------------- --- --- -------------

3. Formal Aspects; ------------------- 3.1 Prior to the Assembly Commission to assess and conclude the

main things (material aspect), the Assembly Commission to assess in advance the opinion or 

defense Reported on matters unrelated to the substantive aspects of this case; ------- --- ---

-------------------------------------------- 3.2 --- --- ---------------- opinion or defense, is reported

essentially stated that the Investigation Team did not examine all evidence, documents, and

testimony of the Party, Team Party only for calls to as many as 3 (three) times, teams only use 6

(six) point quotation information from Party, Tim did not respond to a request from the Party to

conduct a special meeting to discuss more intensive in this case; --- -------- -

-------------------------------------- 3.3 Relative to the above, the level of Assembly Commission as

follows: ------------------------------------ ---------- -------------------------------------- 3.3. 1 Evidence,document and “keterangan terlapor”.sesuai dengan Pasal 4 Peraturan Komisi

Pengawas Persaingan Usaha Nomor 1 Tahun 2006 Tentang Tata Cara

Page 2: BL summ

8/7/2019 BL summ

http://slidepdf.com/reader/full/bl-summ 2/2

Penanganan Perkara Di KPPU (“Perkom No. 1 Tahun 2006”)

mempunyai tugas untuk mendapatkan pengakuan Terlapor berkaitan

dengan dugaan pelanggaran yang dituduhkan dan/atau mendapatkan