The Government v Competition Law

Mahathir-Proton

In an emerging economy like Malaysia’s, where the government plays a strong role in guiding the national policy, it is without a doubt that the government has the ability to create an uneven playing field.

There are, summarily, two ways this can arise. The first are government regulations and policy. The second is more direct; where the government itself enters the market.

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Explaining Malaysia’s Competition Act 2010

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.

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