AN OVERVIEW of the competition law in Malaysia
The Competition Act, 2010 and the prohibitions
The Malaysian Competition Act 2010 ("Act") has come
into force since 1 January 2012. What does the competition law mean
to most companies and businesses in Malaysia?
The Act prohibits:
(a)
anti-competitive agreement which means agreement (a horizontal or
vertical agreement) which has the object or effect of significantly
preventing, restricting or distorting competition in any market for
goods or services in Malaysia1; and
(b)
any conduct by enterprises which amount to an abuse of a dominant
position in any market for goods or services in
Malaysia.2
The Act does not apply to any commercial activity regulated
under the Communications and Multimedia Act, 1998 and the Energy
Commission Act, 2001. 'Commercial activity' under the Act
means any activity of a commercial nature but does not include: