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Law Perspective Business Competitionon The Motorcycle (Matic) Priceagreements Among Enterpreauners


Ria Sintha Devi,Gomgom T.P Siregar,Maurice Rogers
Abstract

The most common situation showed that there are only some businessmen who have big influence on an industry which impact to the tendency of the market dominant. This phenomenon will create a situation of the businessmen to do an agreement on determining the same price under the cooperationfor taking greater profits from the business activities. In case of the situation out comes was the determining agreement on the specific goods price in a certain market or region. This research is an analytical descriptive that leads to the approach of normative juridical. The data in this study are secondary data sources, consisting of primary, secondary and tertiary legal materials. A phenomenon of price determining agreement is a prohibited agreement issued in Article 5 and Article 11 of Law No. 5 of 1999. Perspective of civil law, the agreement was declared invalid, because it contradicted to the provisions of Article 1320 of the Civil Criminal Code, which was intended to be considered as an agreed exchange agreement. An agreement was made to determine the price of a 110-125 cc matic scooter between PT. Yamaha Indonesia Motor with PT. Astra Honda Motor, originated from the existence of communication between the two management companies through the company's official email. In the conversation through the email, Mr.Yukata Terada as the President Director of Kojima asked the marketing management group to follow the pattern of price increases starting on January 2014 as a promise to Mr. Inumaas the President Director of Honda.The impact of the agreement determines the price of 110- 125 cc scooter matic type made by PT. Yamaha Indonesia Motor with PT. Astra Honda Motor rose prices for Yamaha and Honda products, which causedmuch losses for consumers

Volume 12 | Issue 6

Pages: 565-572

DOI: 10.5373/JARDCS/V12I6/S20201064