Analisis Yuridis Merger antara Gojek dan Tokopedia (GoTo) dalam Perspektif Hukum Persaingan Usaha di Indonesia

Abstract

The development of the digital economy in Indonesia has encouraged various technology companies to carry out business strategies, one of which is a merger. The merger between Gojek and Tokopedia in May 2021 formed a new entity called GoTo. The purpose of this study is to analyze the GoTo merger from the perspective of business competition law in Indonesia, to find out whether the merger of the two largest startup companies in Indonesia has the potential to cause monopolistic practices and unfair business competition. This research uses a normative juridical method with a statutory approach, as well as an analysis of the results of the assessment of the Commission for the Supervision of Business Competition (KPPU). The results showed that the GoTo merger did not violate the provisions of business competition law. This is based on the fact that Gojek and Tokopedia operate in different markets, do not have the potential to change the market structure, and do not create entry barriers for other business actors. In addition, KPPU stated that there is no potential for monopolistic practices or unfair business competition in the GoTo merger. This merger is considered to strengthen regional competitiveness in the midst of competition with global companies. Therefore, the GoTo merger can be viewed as a strategic step that is legally valid and supports the growth of a healthy and competitive digital economy in Indonesia.