Firms To Watch: Antitrust and competition

Lim Chee Wee and Kwan Will Sen are two of the three co-founders of Lim Chee Wee Partnership (LCW), established in 2020, and have experience in commercial and competition law, frequently acting for the Malaysian Competition Committee on contentious matters.
Dhaniah Ahmad, formerly of the Malaysian Competition Commission, joined Shook Lin & Bok in 2019 as part of its expansion into competition law.
Boutique firm Wen & Co was established in July 2022 by competition specialist and former partner of Tay & Partners, Nicole Leong, who has expertise in contentious matters.

Antitrust and competition in Malaysia

Christopher & Lee Ong

The well-established competition practice at Christopher & Lee Ong is headed by ‘renownedYon See Ting. On account of its association with Rajah & Tann Singapore LLP, the team is well-equipped to advise multinational companies, in addition to regional PLCs and trade associations, on the full spectrum of competition law matters. This involves evaluating net economic benefits and immunity considerations, assisting in exemption applications and merger notifications, acting as counsel in M&A transactions and conducting due diligence. Standout work includes the team’s representation of two leading Malaysian insurance companies in the high-profile investigation brought by the Malaysian Competition Commission against the General Insurance Association of Malaysia. Jane Guan is a partner to watch in the team.

Practice head(s):

Yon See Ting

Other key lawyers:

Jane Guan; Samuel Ong

Testimonials

‘The partners are very experienced and are able to advise and explain in simple terms taking into account the nuances of the particular industry.’

‘This is one of the original competition law teams in Malaysia. Yon See Ting is reliable and has become renowned in the area. The team has the benefit of its wider team across Rajah & Tann Asia and is capable of providing guidance across Southeast Asia.’

‘Yon See Ting is technically very sound. They have hired Samuel Ong, who used to work at the regulator, and so comes with unique skills.’

Key clients

Prudential Assurance Malaysia Berhad

Progressive Insurance Berhad

SIA Engineering Company Limited

Work highlights

  • Assisted and represented two insurance companies in Malaysia, against the General Insurance Association of Malaysia, the national trade association of all licensed direct and reinsurance companies for general insurance in Malaysia, and its 22 members.
  • Assisting SIAEC in respect of a proposed transaction involving the proposed acquisition of a minority stake of 49% of the issued and paid-up share capital of Pos Aviation Engineering Services Sdn Bhd.

Shearn Delamore & Co

‘Expert in the field’ Anand Raj and K Shanti Mogan co-head the antitrust and competition offering at Shearn Delamore & Co. The team regularly advises multinational, government-linked and Malaysian enterprises across the consumer goods, entertainment, insurance and oil and gas, on matters pertaining to alleged infringement of the Competition Act 2010, price fixing, as well as general compliance and due diligence. Recent work highlights include advising one of the largest global technology companies on competition issues in relation to data protection. Lilien Wong, who represents clients in domestic and international commercial litigation and arbitration, is another key member of the team.

Practice head(s):

Anand Raj; K Shanti Mogan

Other key lawyers:

Lilien Wong

Testimonials

‘Anand Raj and his team of lawyers are all very professional and Anand in particular is a subject matter expert in the field.’

‘Shearn’s competition law team is knowledgeable and provides practical legal advice to clients, whilst retaining a commercial understanding of the matter at hand.’

‘Anand Raj who leads the competition practice at Shearn is decisive and firm in his views.’

Key clients

Korean Airlines Co. Ltd.

Giga Shipping Sdn Bhd

Nexus Mega Carriers Sdn Bhd

The Malaysian Bar

Shopee Mobile Malaysia Sdn Bhd

Allianz General Insurance Company (Malaysia) Berhad

AmGeneral Insurance Berhad

RHB Insurance Berhad

Liberty Insurance Berhad

MPI Generali Insurans Berhad

Pacific & Orient Insurance Co Berhad

Work highlights

  • Advised and successfully acted for Korean Airlines Co. Ltd. in filing a notice and application for an anticipated merger, Malaysia’s first successful merger control notification under the new Malaysian Aviation Commission Act 2015.
  • Advising and representing five of twenty-one insurers in Malaysia who have been investigated by the Malaysia Competition Commission for an alleged horizontal infringement.
  • Advised a global technology company on competition law issues arising from its data collection process, including any potential abuse of dominance in the video-sharing platform market.

Skrine

To’ Puan Janet Looi and Tan Shi Wen co-head the competition collective at Skrine. The team’s workload focuses in large part on advising and acting for various companies from a wide array of industry sectors, including such areas as insurance, aviation and shipping, on complex matters brought by the Malaysian Competition Commission. Such cases regularly include issues including cartel and abuse of dominance investigations, complaints and leniency applications, as well as block exemption applications. In addition, competition audits, dawn raids, the provision, training and assistance in the implementation of Malaysian competition law, all fall in the remit of the team’s regular work. Sharon Chong has a particular specialism in cross-border and competition disputes.

Practice head(s):

To’ Puan Janet Looi; Tan Shi Wen

Other key lawyers:

Sharon Chong; Manshan Singh

Key clients

AIA Bhd., AIG Malaysia Insurance Berhad, AXA Affin General

Insurance Berhad, Zurich Insurance Malaysia Berhad

Shipping Association of Malaysia and Malaysia Shipowners’ Association

All Nippon Airways Co., Ltd.

Ben Line Agencies (Malaysia) Sdn Bhd

Cosco Shipping Lines (Malaysia) Sdn Bhd

Harbour-Link Lines Sdn Bhd

Hyundai Merchant Marine (M) Sdn Bhd

Interasia Lines (M) Sdn Bhd

KMTC Line (Malaysia) Sdn Bhd

Maersk Malaysia Sdn Bhd

Mediterranean Shipping Company (M) Sdn Bhd

MTT Shipping Sdn Bhd

Ocean Network Express (Malaysia) Sdn Bhd

Orient Overseas Container Line (M) Sdn Bhd

S5 Asia Sdn Bhd (Roc. 629450-A)

Wan Hai Lines (M) Sdn Bhd

Work highlights

  • Represented and assisted clients in the investigation by the Malaysian Competition Committee on an agreement to fix the parts trade discount at 25% for six vehicle makers.
  • Represented and assisted clients in their renewal application of a block exemption order.
  • Represented and assisted clients in its renewal application of the individual exemption granted by the Malaysia Aviation Commission in relation to their joint venture agreement with United Airlines, Inc.

Lee Hishammuddin Allen & Gledhill

Lee Hishammuddin Allen & Gledhill’s team is headed by Eunice Wei Lynn Chan. A substantial portion of its workload involves advising on matters of alleged breach of the Competition Act 2010, in addition to acting for Singapore and Malaysia-based clients across the healthcare and oil and gas sectors, atop telecoms, wherein the team has a particular expertise. The practice’s workload involves conducting compliance audits, due diligence, mock dawn raid exercises and handling matters relating to pricing within Malaysia’s complex regulatory regime. Jack S’ng Hoi has experience advising major corporates on the competition law aspects of their Malaysian operations.

Practice head(s):

Eunice Chan Wei Lynn

Other key lawyers:

Jack S’ng Hoi; Syahida Mohd Shamsuddin

Testimonials

‘The team can handle all of our issues ‘under one roof’.’

Key clients

Yamaha Music (Malaysia) Sdn Bhd

BMW Malaysia Sdn Bhd

Pengerang Refining Company Sdn Bhd and Pengerang Petrochemical Company Sdn Bhd (PRefChem)

BMW Credit (M) Sdn Bhd

Orange Businesses Services Singapore Pte Ltd

Apex Healthcare Berhad

Rahmat Lim & Partners

Regulatory and compliance specialist Raymond Yong, litigation partner Jack Yow and M&A expert Chen Lee Won, co-lead the team at Rahmat Lim & Partners. The competition offering advises on a broad range of issues, including compliance with the Competition Act 2010 and its regulations, exemption applications to the Malaysia Competition Commission, as well as advising on price fixing. The sectors covered by the team include international corporations and trade associations from an array of industries. Standout work includes advising on the competition law aspects of the RM1.925bn acquisition of Munchy Food Industries by Universal Robina Corporation. Penny Wong was promoted to partner as of January 2022.

Practice head(s):

Raymond Yong; Jack Yow; Chen Lee Won

Other key lawyers:

Penny Wong

Work highlights

  • Advised Universal Robina Corporation on its acquisition of 100% of Munchy Food Industries Sdn. Bhd and its wholly-owned subsidiary Munchworld Marketing Sdn. Bhd., from the private equity firm CVC Capital Partners, for RM1.925bn.
  • Assisting Langkawi Auto Express Sdn. Bhd. and Langkawi Ferry Services Sdn. Bhd. in appealing the final decision by the Malaysia Competition Commission to the Competition Appeal Tribunal of Malaysia, whereby they were found to have entered into price-fixing arrangements in the market.
  • Representing GrabCar Sdn. Bhd. in a suit by the Malaysian Association of Taxi, Rental Car, Limousine and Airport Taxi (“GTSM”), where the GSTM had alleged, inter alia, that GrabCar had denied the livelihood of its members under the Federal Constitution.

Raja, Darryl & Loh

Raja, Darryl & Loh’s competition team is led by Chew Phye Keat. Advisory work regarding clients’ adherence with the Competition Act 2010 and the regulations invoked by the Malaysian Competition Commission (MyCC) form a large proportion of the team’s workload. Key areas of expertise include acting for clients in the automobile, food and consumer goods sectors, in addition to advising on mergers and collaborations between companies. Senior associate Cheong Chun Yong has experience in conducting intensive due diligence on business operations and policies to ensure compliance under Malaysian law.

Practice head(s):

Chew Phye Keat

Other key lawyers:

Cheong Chun Yong

Work highlights

  • Advised a manufacturer of consumer products on a potential collaboration with a competitor.
  • Advised a building materials supplier on various competition risks arising from the proposed roll-out of a loyalty programme.
  • Advised clients on various issues raised by the Malaysian Competition Commission in a market review.

Tay & Partners

The competition offering at Tay & Partners is newly led by Leonard Yeoh. The team is experienced in assisting clients on contentious and advisory matters, having notably represented AirAsia Berhad on the first high-profile case to reach the Competition Appeal Tribunal. The practice acts for clients across a wide range of industries, from IT and telecoms to automobile and aviation. Its work predominantly involves advising on high-value investigations by the Malaysian Competition Commission, with partner Weng Yew Wong having demonstrable experience advising multinational corporations in this field. Leading specialist Nicole Leong departed in July 2022 to establish boutique competition firm Wen & Co and associate Heng Jia often worked on many of Leong’s most complex cases.

Practice head(s):

Leonard Yeoh

Other key lawyers:

Weng Yew Wong; Heng Jia

Testimonials

‘Wong Weng Yew provided great support throughout our high-profile court matter.’

‘The team are very prompt and professional in their responses. Not only are they practical as to their timeline, but they are also very meticulous in their work.’

‘Heng Jia is very analytical and practical with her responses. She offers a clear and in-depth assessment of the issues at hand and provides workable solutions to the issues faced by our company.’

Key clients

AirAsia Berhad

Grab Inc.

GrabCar Sdn Bhd

MyTeksi Sdn Bhd

Novatis Resources Sdn Bhd

Work highlights

  • Representing the client at hearings and representations by the regulator and its 22 members before the Malaysia Competition Commission.
  • Co-representing Grab Inc., GrabCar Sdn Bhd and MyTeksi Sdn Bhd (“Grab”) in resisting the proposed decision issued by Malaysia Competition Commission on an alleged abuse of a dominant position.
  • Co-representing AirAsia to resist Malaysia Competition Commission’s decision that AirAsia’s agreement with Malaysian Airline System Bhd violated the prohibition against market-sharing under Malaysian competition laws.

Wong & Partners

The competition offering at Wong & Partners is co-headed by Andre Gan and Lydia Kong, who goes ‘above and beyond as a competition adviser’. The team has particular expertise in international M&A, which extends to its advisory competition matters. The Malaysian Competition Commission is considering implementing a merger control regime and the practice would be well-equipped to advise on this, given its capability. In addition, its workload involves advising on less common expansion and pricing policies distributed by innovative means, such as e-commerce, as well as compliance, exclusivity, abuse of dominance, internal audits and investigations.

Practice head(s):

Andre Gan; Lydia Kong

Other key lawyers:

Alexander Wong

Testimonials

‘Reliable, responsive and well-resourced, you can count on the team to get the job done. It is very knowledgeable about many aspects of Malaysian law and has a good local network. Also, their connection to the global Baker & McKenzie network makes the team a good contact point for regional and offshore issues.’

‘A good team to work with. The firm has established teams in various practice areas and great connection with foreign firms.’

‘Lydia Kong is great and gives timely and practical advice in competition law; Sonia Ong was most dedicated and focused on our needs when advising us on a pharmaceutical cross-border deal.’

‘The team is responsive and attentive to clients’ needs. Advice given is relevant, practicable, concise and directly to the point.’

‘Lydia Kong’s approach in advising clients is directly on-point and easily approachable. She’s very ‘hands on’ and really knows her stuff.’

‘The antitrust and competition practice gives very practical advice, not just based on the law but also based on commercial considerations of the organisation in question. The firm also regularly holds seminars and talks which are of real value to clients – the topics are always relevant and help the organisations keep up with current issues in the practice area.’

‘Lydia Kong goes above and beyond as a competition adviser. Her advice is not only legally sound but is also very practical. She is able to simplify complex concepts and present them to our clients with clarity and eloquence.’

Key clients

Mercedes-Benz Malaysia Sdn Bhd

Telekom Malaysia Berhad

Generali Asia N.V.

AstraZeneca Sdn. Bhd.

Liberty Insurance Berhad

Arkema France

Tata Group

Pengerang Refining Company Sdn Bhd

Cargill Feed Sdn Bhd