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Lydia Kong

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Lydia Kong is a Partner in Wong & Partners, Kuala Lumpur office.

In an effort to strengthen the working relationship and collaborative efforts of the Malaysia Competition Commission (MyCC) and the Malaysian Communications and Multimedia Commission (MCMC), both regulators have signed a Memorandum of Understanding on 3 August 2023 in light of the rising complexity of competition issues that straddles the jurisdictions of both regulators.

In 2020, MyCC imposed a total financial penalty of RM173 million against the General Insurance Association of Malaysia (PIAM) and its 23 members for alleged price-fixing of trade discounts on automotive parts prices and hourly labour rates for motor vehicle repairs by workshops under the PIAM Approved Repairers Scheme in breach of the Competition Act 2010. PIAM and the general insurers appealed to the Competition Appeal Tribunal (CAT). In September 2022, the CAT found that there was no liability on the part of the general insurers and PIAM under the Malaysian Competition Act and unanimously overturned MyCC’s decision.

On 25 April 2022, the Malaysia Competition Commission launched an online public consultation on proposed amendments to the Malaysian Competition Act 2010. Key amendments include (i) introduction of a merger control regime; and (ii) amendments to increase MyCC’s investigation and enforcement powers and enhance its procedures.

The Malaysia Competition Commission has initiated the process of amending the Competition Act 2010 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.

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.