Penerapan actio pauliana terhadap persaingan usaha tidak sehat (unfair competition) dalam penggabungan perusahaan (merger) = The use of actio pauliana in preventing the practice of unfair competition caused by an act of merger

Yathrib, Yathrib (2003) Penerapan actio pauliana terhadap persaingan usaha tidak sehat (unfair competition) dalam penggabungan perusahaan (merger) = The use of actio pauliana in preventing the practice of unfair competition caused by an act of merger. Masters thesis, Universitas Pelita Harapan.

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Abstract

In line with the dynamic growth of economic in business sectors, the act of merger practiced by business community has been widely known as an alternative mean to develop and expand one's business in relatively speedy and saving times. As commonly came about in any legal arrangement, it is also happened in the act of merger that such action develop legal relationships as well as legal impacts and consequences that affected all parties involved and interested in including but not limited to society in a broader sense. The act of merger in addition is also expected to become successful that in the end, such action could contribute positive impacts to encourage competition in the realm of business. Nonetheless, it has been widely known that the act of merger might lead to the creation of unfair competition or potentially encourage monopoly practices that could cause impairment not only to the realm of business itself but also it might contribute negative impacts for its communities and consumers. The introduction of certain articles and regulations as laid down in the existing Company Law and Anti Monopoly Law as well as their extension to areas where they were absent, is intended to bring about fairness in business competition and to prevent monopoly practices as well as to legally protect the weaker party in act of merger. For that reason, the empowerment and the use of Actio Pauliana shall be necessary as an instrument to deal with problems caused by the act of merger and also to preserve the legal rights of the weaker parties, particularly the one that related to the commercial aspects.

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