Avoiding Cartel Under Malaysian Competition Law: Tips For Companies

The Malaysia Competition Commission ("MyCC") has recently imposed financial penalties for RM1.04 million against 7 warehouse operators ("Parties") for engaging in a price-fixing cartel. The parties were found to have infringed the prohibition under Section 4 of the Competition Act 2010 ("CA2010") by participating in an agreement which has, as its object, the prevention, restriction or distortion of competition in relation to the market of the provision of handling services of long length and heavy lift of import and export cargoes at Port Klang, Malaysia from 22 May 2017 until 9 January 2020 ("Infringing Agreement").

Among the key evidences relied on by MyCC to prove the existence of cartel in this case were the: