TELAAH KRITIS TERHADAP PENGATURAN PREDATORY PRICING DITINJAU DARI PERSPEKTIF SALAMANCA SCHOOL

Predatory pricing is one of the prominent business conspiracy theories that has become a controversy in business competition law to date. Given the highly controversial nature of this practice, the three schools of thought, namely Chicago, Post-Chicago, and Harvard, split and argued with each other. Given that the current research trend is only to focus on case findings and also the comparison of American and European laws, this study will be very different because it seeks to criticize predatory pricing arrangements from the perspective of the Salamanca school. Based on these objectives, this research method tends to be normative with a statutory, comparative, conceptual, and economical approach. The secondary and primary legal materials in this study were taken from secondary data sources, which were collected using literature study techniques and then analyzed prescriptively. The results of this study then revealed that both law no. 5 of 1999 and the Salamanca school conceptualize business competition as a strategy to improve the economy, in which welfare is the primary goal, by creating healthy business competition. All forms of unfair business competition are prohibited. However, the principles of the Salamanca School are based on a liberal economy which is not in line with Law no. 5 of 1999. On the other hand, predatory pricing is considered an unfair business competition practice in Law No. 5 of 1999, and the Salamanca school condemned it. However, Salamanca school offers a new "price" criterion approach in predatory pricing, which is also discussed in this study.