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ARTICLE · 06 JUNE 2012

First three sets of Guidelines Issued under Malaysian Competition Law

This update summarises the key features of the Guidelines, discusses salient changes and implications for business.

MalaysiaAntitrust/Competition Law

INTRODUCTION

Five months after the Competition Act 2010 ("Act") came into force on 1 January 2012, the Malaysia Competition Commission ("MyCC") has issued the final version of three guidelines (collectively, "Guidelines") it had previously made available for public consultation last year. The Guidelines comprise of the following:

  1. Guidelines on Chapter 1 (Anti-competitive Agreements);
  2. Guidelines on Market Definition; and
  3. Guidelines on Complaint Procedures.

MyCC had invited comments on the draft versions of the Guidelines in a public consultation that took place between 24 November 2011 and 30 December 2011.

The Guidelines provide clarity on key procedural and substantive matters under the Act, and outline MyCC's enforcement approach and priorities with regard to the relevant provisions of the Act. Businesses should pay heed to MyCC's positions set out in the Guidelines to ensure that they have a holistic understanding of their competition compliance

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