The Malaysia Competition Commission (“MyCC”) has initiated the process of amending the Competition Act 2010 (“Act”) to introduce merger control regulations and the Ministry of Domestic Trade and Consumer Affairs is planning to table the legislative amendments to the Act by the end of 2021. Once in force, mergers and acquisitions which exceed certain thresholds will need to be reviewed and approved by the MyCC.  This will greatly impact the timing, feasibility and structure of transactions in Malaysia.

In brief MyCC issues second abuse of dominance decision, in first finding on exclusive dealing MyCC has fined Dagang Net Technologies Sdn. Bhd. RM 10.3 million for abusing its dominant position by imposing software providers’ exclusivity. This update was published on 13 April 2021, as part of our quarterly newsletter, Asia…

Recent political developments in Myanmar have led to the imposition of targeted sanctions by the US, UK and EU in the past month. As a result of the measures imposed, businesses may face immediate challenges in doing business in, or with, the state. Join our speakers as they provide insights…

In brief MyCC issues final market review report on  wholesale and retail sectors MyCC highlights eight competition issues in the market review report and hints at potential increased collaboration with other governmental agencies to tackle competition issues. This update was published on 16 October 2020 as part of our quarterly newsletter,…

Following the various entry restrictions put in place by the Myanmar authorities since March 2020 to address the COVID-19 situation, many residents who left the country prior to the imposition of the travelling restrictions have yet to return to the country. As some of these individuals fulfil the role of resident directors of Myanmar-incorporated companies, their prolonged absence from the country could result in the company being in breach of the minimum residency requirement imposed on the directors of Myanmar companies under the Myanmar Companies Law (“MCL”).

On 20 October 2020, the Directorate of Investment and Company Administration (“DICA”), announced, via Notification 92/2020 (“Notification 92”), a temporary relief for companies from the resident director requirements. It does so by excluding the period from 29 March 2020 until the official lifting of entry restrictions from the computation to determine a director’s residency status.

Following a significant increase in COVID-19 transmissions in recent weeks, the relevant Myanmar authorities have promptly issued additional notifications on top of existing directives to address the developing COVID-19 situation in Myanmar, notably on:  

Stay-at-home Orders affecting 7 Townships in Yangon; and
Mandatory Quarantine and Testing for visitors/residents travelling to Nay Pyi Taw.

In brief In an effort to meet the current exigencies faced by Myanmar as a result of the COVID-19 pandemic, the Myanmar Government had, on 27 April 2020, launched the COVID-19 Economic Relief Plan (CERP). The CERP comprises seven goals, 10 strategies, 36 action plans and 76 actions, each with an…

On 15 November 2019, Myanmar’s Directorate of Investment and Company Administration (“DICA”) issued a directive mandating the disclosure of beneficial ownership of companies in Myanmar (“Directive”). The Directive becomes effective on 1 January 2020. Summary The Directive obligates Myanmar incorporated companies and other legal arrangements (trusts, joint ventures, partnerships, associations…

On 5 April 2019, the Malaysian Competition Commission (MyCC) issued the Guidelines on Intellectual Property Rights and Competition Law (Guidelines). The Guidelines are intended to provide guidance on MyCC’s approach in respect of competition issues arising from matters relating to intellectual property (IP). The Guidelines must be read together with…

Introduction The Malaysian Communications and Multimedia Commission (“Commission”) has introduced guidelines which establish a voluntary regime for competition assessments of mergers and acquisitions (“M&As”) in the communications market in Malaysia, pursuant to powers under the Malaysian Communications and Multimedia Act 1998 (“CMA”). Malaysia does not have a merger control regime…