Competition Act 2010

Question 1

When was the Competition Act 2010 in force?

Answer 1

1st January 2012

Question 2

What was the purpose of initiating the Competition Act 2010?

Answer 2

To provide a legal framework for curtailing anti-competitive practices in Malaysia.

The energy, communications, and multimedia sectors have been exempted by the Act.

Question 3

What are the two main types of prohibition?

Answer 3

Anti-competitive agreements
- Between enterprises, the prohibitions generally extend to agreements that have the object of price-fixing, sharing market or sources of supply, limiting or controlling production, market outlets or market access, technical or technological development, or investment, and bid-rigging.

Any abuse of a “dominant position”
- An enterprise occupies a dominant position in the market and has significant control in a market to adjust prices or outputs or trading terms, without difficulty from competitors or potential competitors, regardless of the level or percentage of market share of the enterprise.

Question 4

What is the Malaysia Competition Commission? (MyCC)

Answer 4

It is to protect the competitive process for the benefit of businesses, consumers, and the economy.

Question 5

What are the main functions of MyCC?

Answer 5

• Implement and enforce the provisions of the Competition Act 2010
• Issue guidelines in relation to the implementation and enforcement of the competition laws
• Act as an advocate for competition matters
• Carry out general studies in relation to issues connected with competition in the Malaysia economy or particular sectors of the Malaysia economy
• Inform and educate the public regarding the ways in which competition may benefit consumers in, and the economy of Malaysia