Penyalahgunaan Posisi Dominan Oleh Online Travel Agent Global: Analisis Praktik Anti Persaingan dalam Industri Pariwisata Lintas Negara

Abstract

The advancement of digital technology has transformed the global tourism industry, with Online Travel Agents (OTAs) such as Booking.com, Expedia, and Agoda dominating the accommodation and transportation reservation market. This dominance has given rise to cross-border anti-competitive practices, including rate parity clauses, opaque pricing algorithms, and entry barriers for local tourism businesses. This study analyzes monopolistic and anti-competitive practices by global OTAs within the cross-border tourism industry, and examines the effectiveness of existing competition law instruments at national and international levels. The research employs a normative juridical method with statutory and comparative approaches, analyzing competition authority decisions in jurisdictions such as the European Union, alongside ASEAN competition regulations. Findings indicate that fragmentation of competition law jurisdictions is a major obstacle in addressing anti-competitive OTA practices operating across borders. Strengthened international cooperation among competition authorities and regulatory harmonization are necessary to protect local tourism businesses and consumers from the adverse effects of global OTA market dominance.