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ICC Imposes a Sanction Again on Travel Circle International (Mauritius) Ltd.

2021, Indonesia, Mergers & Acquisitions

Indonesia Competition Commission (ICC) imposed a sanction for the second time this year on Travel Circle International (Mauritius) Ltd., for making a delayed notification on the share acquisition conducted to DEI Holdings Limited. For this violation, The Commission Council in its Commission Council Hearing for the Reading out of Decision today in Jakarta imposed a fine of IDR1,000,000,000 (one billion rupiah) on Travel Circle International (Mauritius) Ltd.

The case under Register Number 27/KPPU-M/2020 had its origin from a pre-investigation conducted by ICC on the Alleged Violation of Article 29 of Law Number 5 Year 1999 in conjunction with (juncto) Article 5 of Government Regulation Number 57 Year 2010 as committed by Travel Circle International (Mauritius) Ltd., in the acquisition transaction of the majority of shares of DEI Holdings Limited, a holding company of various leading electronic retail companies. The acquisition conducted by Travel Circle International (Mauritius) Ltd. became effective on March 28, 2019, thus, based on the provisions, the notification should be made to ICC by no later than May 14, 2019. However,  based on the results of the hearing proceedings, Travel Circle International (Mauritius) Ltd. made the notification on December 12, 2019.

Based on the mandatory notification provisions and various facts found in the hearing proceedings, the Commission Council decided that Travel Circle International (Mauritius) Ltd., had been legally and convincingly proven in violation of Article 29 of Law No. 5 Year 1999 in conjunction with (juncto) Article 5 of Government Regulation No. 57 Year 2010. The Commission Council sentenced Travel Circle International (Mauritius) Ltd. to pay for a fine of IDR1,000,000,000 (one billion rupiah) and remit it in the state treasury by no later than 30 (thirty) days after the Decision has had a permanent legal force (inkracht).

ICC had also previously on March 4, 2021 imposed a fine of IDR1 billion on Travel Circle International (Mauritius) Limited for the delayed notification of its acquisition of shares conducted to Asian Trails Holding Ltd., a holding company which has several subsidiaries in Southeast Asia and is engaged in the field of travel services.