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Competition Law in Malaysia: A Digest of Recent Developments

Dato' Seri Mohd Hishamudin Yunus

(2020) 32 SAcLJ 349

In Malaysia, the Competition Act 2010 (Act 712) came into force in 2012. Since then, there has been a number of notable developments in this area of law. The first half of this article explains the legal and enforcement framework of competition law in Malaysia. Relevant statistics and enforcement decisions of the Competition Commission are also presented for a better understanding of the same. Further, recent judicial decisions such as Competition Commission v MAS-Air Asia Application for Judicial Review No: WA-25-82-05/2016 [2019] 6 CLJ 623 and MyEG v Competition Commission Application for Judicial Review No: WA-25-81-03/2018 are also analysed. These cases represent the recent developments of competition law by the courts, specifically on the interpretation of the provisions in the Competition Act 2010. This article sets out the regulatory concerns surrounding the competition law framework in Malaysia and how these concerns may be addressed.