Antitrust and competition in Malaysia
The competition and antitrust team at Christopher & Lee Ong handles the full spectrum of antitrust and competition matters, ranging from advising on investigations from authorities to antitrust aspects of M&As or joint venture transactions, corporate structuring and audits. The team, which attracts praise for its 'depth of resource', also has expertise in sector-specific matters including relating to the aviation, communications and energy sector. Yon See Ting heads up the practice.
‘When our company embarked on an assignment for compliance with the Malaysian Statutory legislation, we found the sharing and combination of input, insights, perspectives and experiences from both CLO and the other regional legal practice very useful and enlightening.‘
‘Yon See Ting’s pro-activeness gives assurance that the queries are being attended to.‘
‘Yon See Ting is accommodating in giving her insights on a complimentary basis.‘
‘Yon See Ting together with her associates were very dedicated, patient and down to earth when dealing and explaining the issues and resolutions to us. They were able to breakdown difficult legal matters which enable us to understand and grasp the concepts easily.‘
Prudential Assurance Malaysia Bhd
- Assisted Prudential Assurance Malaysia Berhad with all aspects of an investigation brought by the Malaysia Competition Commission.
Shearn Delamore & Co has expertise across a breadth of antitrust and competition matters, with a particular strength in handling investigations and advising clients on compliance reviews. The team is jointly led by Anand Raj and K Shanti Mogan, who both handle a range of matters. Other names to note include recently promoted partner Lilien Wong who successfully defended Shopee against allegations of anti-competitive exclusivity and price fixing arrangements brought by a merchant.
Other key lawyers:
Giga Shipping Sdn Bhd
Nexus Mega Carriers Sdn Bhd
Straits Auto Logistics Sdn Bhd
MF3 Anti-Aging Wellness Centre Sdn Bhd
Tesco Stores (Malaysia) Sdn Bhd
Allianz General Insurance Company (Malaysia) Berhad
RHB Insurance Berhad
Liberty Insurance Berhad
AmGeneral Insurance Berhad
Allianz Life Insurance Malaysia Berhad
- Advising Giga Shipping Sdn Bhd on compliance and review work in the context of undertakings under Section 43 of the Competition Act 2010.
- Advising Nexus Mega Carriers on compliance and review work in the context of undertakings under Section 43 of the Competition Act 2010.
- Successfully defended online marketplace operator Shopee in an injunction action filed by a merchant.
The antitrust and competition team at Tay & Partners assists clients in a range of contentious matters, as well as providing ongoing compliance advice. Practice head Tay Chai has experience across a range of corporate and commercial as well as competition matters. Other names to note include recently promoted partner Nicole Leong who has particular experience in competition litigation.
Other key lawyers:
- Acting for AirAsia Berhad in an appeal of Malaysia Competition Commission that its collaboration agreement with MAS had violated the prohibition against market-sharing agreement under section 4(2)(b) of the Competition Act 2010.
- Representing Novatis Sdn Bhd in resisting allegations of bid-rigging in public procurement by the Malaysia Competition Commission.
The competition practice at Lee Hishammuddin Allen & Gledhill focuses on advising international clients investing in Malaysia on compliance matters and attracts praise for being 'willing to go the extra mile'. Adlin Abdul Majid assists clients with a range of compliance issues, while Ooi Bee Hong frequently advises on competition elements of corporate transactions and Eunice Chan Wei Lynn's broad expertise extends to advising clients on competition considerations relating to licensing of intellectual property.
‘Adlin Abdul Majid was proactive and willing to go the extra mile to complete the assignment.‘
Rahmat Lim & Partners' regulatory and compliance team has expertise across a range of competition and antitrust matters, including antitrust complaints and investigations, exception applications and compliance advice. Its impressive client roster includes key names across a range of industries including technology, insurance and automotive. Azman bin Othman Luk, who has particular banking and finance sector expertise, heads up the regulatory practice. Raymond Yong left the team.
- Acted for My E.G. Services Berhad in an appeal to the Competition Appeal Tribunal of a fine of MYR2.27m imposed by the Malaysia Competition Commission for infringement of section 10(2) of the Competition Act 2010.
The team at Raja, Darryl & Loh is instructed by both domestic and international clients to advise on competition law compliance. Practice head Chew Phye Keat advises clients, which include prominent companies in the automotive, pharmaceuticals and telecoms sectors, on non-contentious competition law matters.
- Advised manufacturing and retail sector client on the legal implications of the client being acquired by a competitor.
- Advised a manufacturer on a non-compete clause vis-à-vis a non-exclusive distributor.
- Advised a pharmaceutical sector client on whether it could control the resale price of its distributor.
- Assisted a pharmaceutical sector client with a collaboration arrangement with a competitor.
- Advised an electronics sector client on whether policies of hiring or not hiring service providers would be anti-competitive.
Since the introduction of the Competition Act 2010, Skrine's competition law practice has been active in assisting the Malaysian Competition Commission with block exemptions and leniency applications and in judicial reviews. The group also has experience advising companies and trade associations with compliance. Practice head Janet Looi has particular expertise assisting clients across the banking, pharmaceutical and shipping sectors.
Malaysia Competition Commission
ANA Holdings Inc.
Shipping Association of Malaysia
Pelangi Prestasi Sdn Bhd
- Successfully represented Malaysia Competition Commission in a judicial review application filed by MyEG Services Berhad and MyEG Commerce relating to Competition Appeal Tribunal’s first abuse of dominance decision. This a case is now pending appeal at the Court of Appeal.
- Successfully acted for Malaysia Competition Commission in the first judicial review of a Competition Appeal Tribunal decision, which was brought by Malaysian Airlines System Berhad, AirAsia Berhad and AirAsia X.
- Assisted ANA Holdings with its joint venture with United Airlines in preparing, drafting and submitting an individual exemption application to the Malaysia Aviation Commission in regards to the Joint Venture Agreement.
- Assisting the liner shipping operators and the Shipping Association of Malaysia with an application for the second renewal of a block exemption order.
- Acting for Pelangi Prestasi in a judicial review relating to the terms of a timber licences.
The antitrust and competition team at Wong & Partners is frequently instructed by international and multinational companies to advise on competition law compliance in Malaysia. Frequently handling cross-border matters, practice head Andre Gan attracts praise for 'his knowledge of anti-competition matters both local and globally'. In addition to benefiting from Baker McKenzie's international office network, the group offers clients the Baker McKenzie Global Antitrust Dawn Raid App which provides antitrust guidance, particularly for the early stages of a dawn raid.
Other key lawyers:
‘Andre Gan always responds to your queries very quickly.‘
‘Recommended for quick response times, knowledge of the law and solutions provided.‘
Tesco Stores (Malaysia)
Toyota Tsusho Corporation
- Advised an international payment services company on its adoption of a global standard for chip-based debit and credit card transactions, through assessment of applicable competition and antitrust laws in Malaysia, Hong Kong, China and Singapore.
- Assisted a multinational car-maker with an internal audit of its employees with respect to alleged anti-competitive discussion and conduct.
- Advised Southeast Asia’s leading technology company on a multijurisdictional review of the application and impact of local competition laws on its IP agreements and IP assets generally.
- Advised a payment services company on potential competition law issues arising from the introduction of the Interoperable Credit Transfer Framework in Malaysia.
- Advising a multinational automotive components manufacturer in connection with its leniency application for its Malaysian subsidiary.
Zaid Ibrahim & Co (a member of ZICO Law)
Zaid Ibrahim & Co (a member of ZICO Law) is instructed by both international and domestic clients to advise on competition law compliance. The group's experience includes assisting companies with collusive agreements, bundling arrangements and rules affecting licensees in a dominant position, as well as advising in investigations. Corporate and commercial partners Nadarashnaraj Sargunaraj and Sharon Tan are key names to note.