Competition

We are in a unique position to advise clients on competition law, having advised on the drafting of the Competition Act 2010 and the Competition Commission Act 2010. We also advised on the drafting of the Malaysian Aviation Commission Act
2015 (MAVCOM Act) which introduces sector-regulated competition law, including a merger clearance framework.
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This makes us well placed to advise our clients on the implications of this area of law on their businesses and their related commercial activities. Our team is able to work with you to identify risk areas and advise you in how to avoid anti-competitive conduct such as collusive agreements, exclusive dealing, bundling arrangements and abuse of dominant positions.

Compliance & Advisory

• Operational Compliance
• Transaction advisory
• Self-assessment of competition risks and net economic benefits

Dealings with authorities

• Merger clearance
• Exemption
• Investigation and defence

Communications and Multimedia Act 1998

• In August 1999, when the Malaysian Communications and Multimedia Commission published its draft guidelines on Substantial Lessening of Competition and Dominant Position in a Communications Market for public consultation, we were the only law firm to provide written submissions and input on competition issues to the Commission.
• We advised the Malaysian Communications and Multimedia Commission on the review of the Communications and Multimedia Act 1998 which has sector specific competition law. We have been appointed to advise on the review of the entire legislation, which includes, in particular, revisions to the chapter on competition.

Competition Act 2010

• We advised the Government of Malaysia on the drafting of the Competition Act 2010 which applies across the entire Malaysian economy, except as carved out for the communications and multimedia, energy, upstream petroleum operation and the aviation services sectors. We also drafted the Competition Commission Act 2010 which establishes the MyCC.

Malaysian Aviation Commission Act 2015

• We advised the Government of Malaysia on the drafting of the Malaysian Aviation Commission Act 2015. This Act sets out competition law provisions for the aviation services sector, and is the first competition authority in the country to introduce a voluntary merger regulation framework.
• The Malaysian Aviation Commission (MAVCOM) recently approved the merger between SIA Engineering and Pos Aviation whereby we acted for Post Aviation. There are only 3 competition law merger clearance in Malaysia to date.