We set our below the key developments on Competition Law in Malaysia in the past months.
Tabling of Amendments to the Competition Act; Enforcement Action by MyCC
In January 2023, the Minister of Domestic Trade and Cost of Living ("Minister") indicated that the proposed amendments to the Competition Act 2010 ("Competition Act"), which would incorporate a general merger control regime, would be tabled in Parliament by mid-2023. The Minister also indicated that the Malaysia Competition Commission ("MyCC") would focus on investigating cartel activities in the food and agriculture sector, in line with MyCC’s recent enforcement action against five feed millers for alleged cartel activities.
MyCC Determines TnG's Conduct did not Raise Competition Concerns
Separately, in response to allegations by the Federation of Malaysian Consumers Association ("FOMCA") that MyCC failed to put an end to the monopolistic behaviour of Touch 'n Go and its affiliate TNG Digital ("TnG"), MyCC stated in a press statement on 28 January 2023 that TnG's conduct did not raise any competition concerns.
It is important to note that under MyCC's guidelines on abuse of dominance, it is not illegal for enterprises to occupy a dominant position in their relevant markets. MyCC stated that it did not have jurisdiction over consumer issues between TnG and its users, and it had concluded that the issues that were raised by FOMCA were only related to consumerism.
MyCC Issues Executive Summary on Investigations into Terms of AMH Circular
MyCC had also conducted investigations into the terms of a circular issued by the Association of Malaysian Hauliers ("AMH") to its members dated 7 November 2016. The aim of the investigation was to determine if the circular amounted to an anti-competitive agreement resulting in price-fixing and/or the fixing of a trading condition among the AMH members. On 31 January 2023, MyCC closed its investigation and reported that it found insufficient evidence to indicate the existence of an agreement and/or concerted practice between the hauliers. MyCC issued an executive summary stating the reasons for its decision.
