The Government v Competition Law


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.

Continue reading “The Government v Competition Law”


Containerchain: 4 practical lessons

The latest decision by the MyCC in the Containerchain case illustrates how the Competition Act catches ‘agreements’ to restrict competition, even when there has been no express agreement between parties.

On 1st June 2016, the MyCC issued a final decision against Containerchain and 4 container depot operators in Penang Port. It fined them RM645,774 in total with an order to cease and desist from implementing the price agreed upon pursuant to their price fixing agreement. An RM7,000 daily fine was also imposed on each of them for any failure to comply within 30 days of the decision.

Continue reading “Containerchain: 4 practical lessons”

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.

Continue reading “Explaining Malaysia’s Competition Act 2010”