Malaysia

The Malaysia Competition Commission (MyCC) investigates and decides on competition infringements. Appeals are heard by the Competition Appeal Tribunal.

Section 4 prohibits agreements that significantly prevent, restrict, or distort competition. Price-fixing, market sharing, output limitation, and bid-rigging are considered hard-core restrictions.

Vertical agreements are covered by Section 4 but are generally assessed under a less stringent effects-based approach. MyCC guidelines provide some safe harbour for non-hard-core vertical restraints.

Section 10 prohibits an enterprise from abusing its dominant position, including predatory pricing, refusal to supply, tying, and discriminatory treatment.

There is no general merger control regime under the Competition Act 2010. Sector-specific merger controls exist in aviation and communications.

MyCC operates a leniency programme granting up to 100% reduction in financial penalties for the first applicant and reduced penalties for subsequent applicants in cartel cases.

MyCC may accept undertakings from enterprises to address competition concerns. No formal settlement procedure for admitted infringements.

Financial penalties of up to 10% of worldwide turnover for the duration of the infringement. Directors and officers may face personal liability for involvement.

No specific digital markets competition regulation. The Competition Act applies generally to digital economy participants.

The Malaysian Communications and Multimedia Commission (MCMC) has concurrent competition jurisdiction in telecommunications. The Malaysian Aviation Commission handles aviation competition.

MyCC has powers to enter premises with a warrant, seize documents, and require information. It can also conduct unannounced inspections with judicial authorisation.

Any person who has suffered loss or damage from an infringement may bring a private action for damages. Follow-on actions are supported but standalone claims are less established.

MyCC cooperates with ASEAN competition authorities, the ICN, and has MOUs with competition agencies in Japan, Australia, and South Korea.

Focus on cartels in the poultry and livestock sector, anti-competitive practices in logistics, and abuse of dominance in digital services. Market studies in e-commerce and healthcare.