JAKARTA, KOMPAS.com — Efforts from The Business Competition Supervisory Commission (KPPU) to prove the existence of a cartel in fixing the fuel surcharge is quite serious. Now, the KPPU intends to charge a number of airlines with a new chapter of law.
Previously, KPPU accused a violation of fuel surcharge by 12 airlines. KPPU considered this practice to be in violation of Chapter 5 of the Law No. 5, 1999, regarding the prohibition of monopoly practices and unfair business competition. The conclusion was, that there were indications that the airlines made a unilateral agreement to fix the price.
Now, the KPPU will charge with another chapter. "We will have a new chapter, which is chapter 21. The indication will be that an airline has done an unfair practice by fixing unilaterally the fuel surcharge price," said the Communications Director of KPPU, Ahmad Junaidi, Thursday.
Based on chapter 21, the KPPU will charge the airlines for fixing the unilateral fuel surcharge price that tends to go up every year.
Seeing that the indication of unfair practice of the fuel surcharge case getting worse, now the KPPU has elevated the status of this case from preliminary investigation to follow-up investigation by upholding No. 1036/KPPU/PEN/XI/2009. "It was decided on November 9, with an investigation period of 60 days, plus 30 working days if required," said Ahmad.
However, so far only some of the 12 airlines have fulfilled KPPU's summons. Six other companies are still waiting for the reschedule of their summons - PT Kartika Airlines, PT Trigana Air Services, PT Mandala Airlines, PT Travel Express Aviation, PT Linus Airways, and PT Sriwijaya Air.
The effect of KPPU's investigation has caused the airlines to adapt with the situation. Currently, the Department of Transportation and the airlines has planned to include fuel surcharge price as a tariff component.
Not all airlines agree yet with the plan. But at least there is an effort to clarify the fuel surcharge.
"The calculations have been set, it's only a matter of setting the agreement. We will discuss this with the KPPU," said Managing Director of Lion Air, Edward Sirait some time ago. (Yudho Winarto, Gentur Putro Jati/Kontan/C17-09)
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