Malaysia Competition Law Case Update: No Safe Harbour For Port Klang Warehouse Operators

Background Facts

• On 26 July 2021, the Malaysia Competition Commission ("MyCC") issued an infringement decision against 7 warehouse operators in Northport and Westport areas in Port Klang for price fixing conduct.
• MyCC invoked Sections 4(1) and the deeming provision under Section 4(2) both of the Competition Act 2010 ("CA") and found that the 7 warehouse operators infringed Section 4 of the CA by engaging in an agreement / concerted practice to fix the rates of handling surcharges for long length handling and heavy left handling services for import and export cargo ("Infringing Agreement"). Financial penalties totalling RM 1.045 million were imposed on the 7 warehouse operators.