Malaysia Enacts First Comprehensive Competition Law

On April 21, 2010, the Parliament of Malaysia approved two bills, the Competition Commission Bill 2010 and the Competition Bill 2010 (the Bills ). When implemented, the Bills will establish the first comprehensive competition law and competition enforcement agency in Malaysia. The Competition Bill prohibits cartels and abuses of a dominant market position, but does not create a merger control regime. Violations are punishable by fines, as well as imprisonment for individual violators. The Competition Bill also creates a private right of action for those injured by violations. The Bills establish a Competition Commission with broad investigative and enforcement powers, as well as a Competition Appeals Tribunal (CAT) to hear all appeals of Commission decisions. The Minister of Ministry of Domestic Trade and Consumer Affairs has indicated that the new law will be implemented by the end of 2011.