[PDF][PDF] Assessing the Merger of Online Platform Companies: Does it Lead to Monopoly or just Business Expansion?(Analysis of The Merged Company of GoTo)

SAF Sukarmi, K Tejomurti, MZ Alam - Jurnal Cita Hukum, 2021 - researchgate.net
Jurnal Cita Hukum, 2021researchgate.net
Two large digital platform companies, Gojek and Tokopedia, officially merged to form a
holding company called the GoTo Group that is considered to have anti-competitive
behavior and potentially data monopoly. This article aimed to analyze the adequate
response to potential violations of the Prohibition of Monopolistic Practices and Unfair
Business Competition Regulation and legal issues related to consumer data monopoly
issues. This article uses normative legal research with the conceptual research and statute …
Abstract
Two large digital platform companies, Gojek and Tokopedia, officially merged to form a holding company called the GoTo Group that is considered to have anti-competitive behavior and potentially data monopoly. This article aimed to analyze the adequate response to potential violations of the Prohibition of Monopolistic Practices and Unfair Business Competition Regulation and legal issues related to consumer data monopoly issues. This article uses normative legal research with the conceptual research and statute approach. The result shows that it is necessary to define “relevant markets” and the “substituted products” to determine the existence of unfair business competition in the Gojek-Tokopedia merger. It requires analyzing the consumer behavior in other marketplaces other than Tokopedia; when consumers do not" run" to Gojek, it means they are not in the same market. To prevent privacy protection failures in post-merger data integration, companies need to assess data sharing that may be carried out as part of a risk assessment. Regarding the rights of data subjects, The company needs to provide notification to the data subject regarding the Merger and Acquisition (M & A) given the data subject's right to refuse and guarantee that the M & A process will not violate the right to privacy of the customer's data
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