Praktik penetapan harga barang jual kembali studi harga smartphone

Wangge, Antonius Eliseus Rasi (2021) Praktik penetapan harga barang jual kembali studi harga smartphone. Masters thesis, Universitas Pelita Harapan.

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Abstract

The practice of resale price maintenance of smartphones is common in retail trade practices in Indonesia. This practice is carried out by retailers because they are bound by standard agreements with smartphone distributors. In the standard agreement, provisions have been set for the obligation to sell smartphones at a price determined by the distributor. Violation of these provisions results in sanctions in the form of fines or detention of supply of goods from distributors. The practice of resale price maintenance is actually prohibited in Article 8 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The prohibition against setting resale prices as intended by Article 8 of Law Number 5 of 1999 has the aim of preventing unfair business competition, but in practice, vertical agreements between distributors and retailers contain provisions concerning the prohibition of selling outside the price determined by the retailer. This research was conducted using normative juridical research methods in order to examine the provisions related to the prohibition on reselling prices as regulated in Article 8 and how is practiced by distributors and retailers of almost all smartphone brands in Indonesia. The contradiction found is the existence of a prohibition on the one side but on the other side, there are practices that are against the prohibition but do not cause unfair business competition.

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