Emerging Issues of Unfair Competition in Indonesia's E-Commerce Market

Abstract

E-commerce already covers the entire spectrum of commercial activities. Transacting electronically still causes debate in the legal and non-legal fields. From a com- petition perspective, e-commerce on the one hand provides an opportunity to compete, but on the other hand there is also anti-competitive potential. For this reason, the purpose of this paper is to examine the potential for unfair business competition in e-commerce. The problems to be studied are: What competition issues exist in e-commerce and what problems are faced by the competition agency regarding the issue of competition in e-com- merce. Based on the results of the discussion and analysis, it is concluded that: the issue of competition in e-commerce consists of infrastructure issues and transaction issues. In the issue of infrastructure, the perspective of business competition will arise problems of interconnection agreements between providers that lead to vertical integration, which of course will reduce the benefits of competition in internet access. On the issue of e-commerce transactions, in addition to providing convenience in transactions and efficiency in busi- ness transactions from the perspective of business competition, it will provide potential difficulties in determining market relevance, price dispersion, and price discrimination as well as the possibility of dominant position power and even monopoly in interconnection and the existence of potential price cartel.