The Indonesian Constitution of 1945 established the first premise for ensuring equal opportunities for everybody to take part in economic activities as the implementation of democracy in economic life, and an important pillar was established in 1999 in the embodiment of Indonesian competition law (Law No 5/1999). The law is the main tool for safeguarding a level playing field in the Indonesian market. Two decades after its enactment in 1999, an amendment of the law is needed. While the Draft of the Amendment of Law No 5/1999 maintains the multipurpose approach, the focus on the protection of consumer interests remains the main approach used by KPPU. Significant changes from the current Law concern the structure of the law, sanctions, the inclusion of a leniency programme and a shift from post to premerger notification. It remains to be seen whether the Draft will finally be adopted by the Parliament.
Sih Yuliana Wahyuningtyas
The right to data portability introduced in the European Commission Proposal for the European General Data Protection Regulation as subsequently amended by the European Parliament entails a certain degree of interoperability, including between social networking sites (SNS). In the absence of specific regulation, SNS interoperability for the purpose of data portability raises issues with regard to how far copyright protection under the European Software Directive may be exempted and in which case interoperability between SNS would require competition law to intervene in software copyright domain.