Studi Terhadap Dampak Perjanjian Integrasi Vertikal pada Industri Farmasi Ditinjau dari Perspektif Hukum Persaingan Usaha

Abstract

The pharmaceutical industry in Indonesia shows a relatively high market concentration and tends towards oligopoly, making it vulnerable to vertical integration agreements that can lead to unhealthy competition. Vertical integration agreements in the pharmaceutical industry can create efficiency but can also be a means for businesses to hinder competition because such agreements can cause market foreclosure. The problem addressed in this writing is how vertical integration agreements affect the pharmaceutical industry and what testing principles are used to prove vertical integration agreements that have anti-competitive impacts in the pharmaceutical industry. The research method is juridical-normative research method using secondary data in the form of laws regulations and the results of KPPU's initial research used to analyze the issues. Data analysis uses qualitative analysis by processing data into a response to answer the problem. The results of this journal research are that the positive impact of vertical integration in the pharmaceutical industry can create efficiency, increase marketing size, and strengthen supply stability. However, the negative impact is that vertically integrated companies will have the ability to create market foreclosure. The approach used to prove violations of vertical integration agreements is the rule of reason approach with the testing principles of analyzing capability, incentive, and consumer impact. Therefore, it must be further proven whether there is an impact from vertical integration agreements in the pharmaceutical industry that has led to anti-competitive impacts. Suggestions that can be given are that the government or competing businesses are expected to conduct further studies on pharmaceutical companies that have vertical integration agreements to analyze the impacts of such agreements. Then, the results of the study on businesses that have vertical integration agreements in the pharmaceutical industry should be followed up if there are indications of violations of vertical integration agreements in the pharmaceutical industry