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Ex-post notification with KPPU is mandatory

Indonesia | December 12, 2024 | M&A Notfication Requirement

Ex-post notification with KPPU is mandatory if the following notification thresholds are breached: (i) the combined value of assets in Indonesia exceeds IDR 2.5 trillion; or (ii) the combined turnover in Indonesia exceeds IDR 5 trillion rupiahs. For banking, the asset size should exceed IDR 20 trillion.

The value calculated is the value of assets or sales located in Indonesia in the last year before the transaction date.

In addition to asset and sales threshold, such the notified transaction shall meet the criteria as follows: (i) change of control in target company; (ii) between non-affiliated parties; (iii) having asset and/or sales in Indonesia (double nexus).

Parties have to pay notification fees equivalent to 0.004% x value of asset or sales in Indonesia (or a maximum IDR 150 million).

The following are the exemptions to notification

  1. For asset acquisition, it is exempt if:
    - transaction value is less than IDR 250 billion;
    - the transaction value is less than IDR 2.5 trillion in the event that the party is engaged in banking;
    - transactions conducted in the context of routine transactions; or
    - assets that are not related to the business activities of the acquiring party.

A copy of the Notification Form is available at https://notifikasi.kppu.go.id

More information is available in the CCC website:

https://kppu.go.id/daftar-notifikasi-merger/
https://kppu.go.id/pedoman/
https://kppu.go.id/peraturan-komisi/
https://eng.kppu.go.id/merger-regulation/
https://eng.kppu.go.id/merger-notification/