The Malaysia Competition Commission
("MyCC") has imposed a financial penalty
of RM10,302,475.97 against Dagang Net Technologies Sdn. Bhd.
("Dagang Net") for an abuse of its
dominant position under section 10(1) of the Competition Act 2010
("CA 2010") by engaging in exclusive
dealing through the imposition of exclusivity clauses on software
providers of the National Single Window ("the MyCC
Decision"). The MyCC held that the anti-competitive
conduct of Dagang Net harms competition in the market because it
prevents the software providers from providing similar services to
end users under an upcoming uCustoms system.
BACKGROUND FACTS
Dagang Net is a wholly owned subsidiary of Dagang NeXchange
Berhad, a company listed on the Main Market of Bursa Malaysia, and
carries on commercial activities including, inter
alia, the provision of B2G e-commerce services and
computerised transaction facilitation services. In 2009, Dagang Net
was appointed by the Government to be
