On 6 October 2015, the MyCC issued a proposed decision against MyEG for abusing its dominant position as a provider and manager of online foreign worker permit renewals. The market that was being harmed was not the permit renewal one however, and instead the market for mandatory insurances foreign workers are legally required to subscribe to. A proposed decision is akin to the MyCC informing an allegedly infringing party what the case against them is and what penalties the MyCC has in mind. The party is then given some time to reply. This is the procedure prior to all actual decisions.
4 years into the Malaysian Competition Act 2010 (Akta Persaingan 2010) coming into force, the Malaysia Competition Commission (MyCC) has come quite a long way in enforcing it. In 2015 alone 8 decisions and 3 proposed decisions were made, with 2016 having the Competition Appeal Tribunal (CAT)’s first decision on appeal in the landmark MAS-AirAsia case, where both carriers were fined RM10 million each for what was allegedly a market-sharing agreement.