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5/24/11

Bless Commission Bhakti Capital Acquisition Plan and Suez SA ?

By: Suhendra Jakarta - The Business Competition Supervisory Commission (Commission) has conducted a thorough assessment of the acquisition of shares of International Power Plc by GDF Suez SAand the acquisition of shares of PT UOB Life Assurance Sun by PT Bhakti Capital Indonesia Tbk. As a result, this competition referee passed the step acquisition by Bhakti Capital and Suez SA 


As quoted from the site detikFinance Commission, Tuesday (05/24/2011), in shares of International Power Plc's acquisition by GDF Suez SA, the Commission considered that the business activities of GDF Suez subsidiary in Indonesia is the management of clean water to the general public and industry while its subsidiary International Power Plc is engaged in electric power sold to PT PLN (Persero).
Thus, the subsidiary of each party who did the acquisition of shares has not changed because the subsidiary in Indonesia is an Indirect Subsidiary.
In addition, the activities of the subsidiaries operating in Indonesia are not in the same market so that there is no change in market conditions in Indonesia as a result of the takeover of shares of International Power Plc by GDF Suez.
Although the Commission asserts that his opinion is only limited to the process of acquisition of shares of International Power Plc by GDF Suez SA through Electrabel SA If in the future there are anti-competitive behavior by both the parties and its subsidiary, then that behavior is not exempted from Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business or.
While the acquisition of shares of PT UOB Life Assurance Sun by PT Bhakti Capital Indonesia Tbk., Commission believes there are no allegations of monopolistic practices or unfair competition resulting from the acquisition of PT UOB Life Assurance Sun by PT Bhakti Capital Indonesia, Tbk. in the absence of relevant market between those parties.
Parties urged the Commission to other businesses that will do a similar step, should give pre-merger notification to the Commission. Pre-merger notification step more profitable business than the post-merger notification (after).
Problems during mergers and acquisitions is regulated by Government Regulation No. 57 Year 2010 on the Merger or Corporate Dissolution and Acquisition of Shares of the Company which may result in Monopolistic Practices and Unfair Business Competition. (Hen / ang) source: detik.com
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