Legal Literacy - This article discusses the Per Se Illegal Approach and the Rule of Reason in the Anti-Monopoly Law. Let's take a look at the explanation!
Written by:Defian Putri Tiara (Law Student, Universitas Terbuka)
Monopoly
Definition of Monopoly
Monopoly is the control of production and/or marketing of goods and/or the use of certain services only by one business actor or one group of certain business actors. Control in a monopoly results in losses to the public interest, including the market. Monopoly clearly harms trade. In establishing a court decision against business actors who have committed a monopoly, judges do not immediately hand down a decision, but judges need to examine the causes and effects of the monopoly on the public.
Characteristics of a Monopoly Market
- One Seller:There is only one company that controls the market.
- No Close Substitutions:The products or services offered do not have similar substitutes.
- Sellers Have the Power to Determine Prices:Sellers can set prices without having to worry about competitors.
- Lack of Innovation:Monopolies have no incentive to innovate because there are no competitors to encourage them.
- High Profits:Monopolies can earn high profits because there are no competitors to depress prices.
Causes of Monopoly
- Ownership of Natural Resources:One company has exclusive access to the natural resources needed to produce products.
- Patents and Copyrights:One company has exclusive rights to produce and sell certain products.
- Government Grants Monopoly:The government grants exclusive rights to one company to provide certain services.
- Large Scale Efficiency:One company has lower production costs compared to other companies.
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