HORIZONS : MALAISIE - ASEAN – ENGAGEMENT DES PAYS MEMBRES - INTRODUCTION D’UNE LEGISLATION NATIONALE - NOUVEAU REGIME

Malaysia: Entry into force of the Competition Act 2010

Consistent with the ASEAN Member States’ commitment towards introducing a competition policy by 2015, Malaysia’s generic competition legislation, the Competition Act 2010 (’Act’) came into force on 1 January 2012. Malaysia is thus the sixth ASEAN country to have introduced a generic competition law. This article provides an insight into Malaysia new competition regime and the way the regulator, i.e. the Malaysia Competition Commission intends to interpret and enforce the Act.

I. Overview 1. The Competition Act 2010 1. Malaysia’s generic competition legislation, the Competition Act 2010 (“Competition Act”) came into force on 1 January 2012. The Competition Act prohibits anti-competitive agreements and the abuse of dominant position. It does not, however, regulate mergers and acquisitions. 2. The Competition Act is effects-based. This means as long as an anti-competitive agreement or an abuse of dominance has an adverse effect on competition in Malaysia, the Competition Act applies to the agreement or conduct, no matter where the parties involved are located and where the agreement or conduct has been entered into or carried out. 3. The Competition Act co-exists with existing sectoral laws which regulate competition in designated sectors. Section 3 of the

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Dominique Lombardi, Kamilah Kasim, Malaysia: Entry into force of the Competition Act 2010, September 2012, Concurrences Review N° 3-2012, Art. N° 48093, pp. 252-258

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