MK Redefines the Phrase “Other Parties” and “Investigation” under Indonesian Antitrust Law

In the performance of its function as the primary forum for judicial reviews of laws in the context of the 1945 Indonesian Constitution, the Constitutional Court (Mahkamah Konstitusi– “MK”) has rendered Decision No. 85/PUU-XIV/2016 (“Decision 85/2016”), which offers a new interpretation of certain articles originally set out under Law No. 5 of 1999 on the Prohibition of Monopolistic and Unfair Business Practices (“Antitrust Law”).The petition was initially filed by defendants PT. Bandung Raya Indah Lestari, who were being represented by Mr. Yoseph Soenaryo (“Petitioner”), in a case relating to Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha– “KPPU”) Decision No. 12/KPPU-L/2015 (“KPPU Decision”), which addressed tenders for the construction of eco-friendly waste management infrastructure. [1] Legal Issues under Review and Tribunal’s AnalysisThe Petitioner had requested a review of three main legal issues, specifically: