Competition law is developing dynamically in Malaysia. This book provides a useful analysis and explanation of the regulatory scheme, discussing the various powers and functions of the competition regulator as well as the enforcement and procedural aspects of Malaysian competition law. The second edition of this book discusses the more recent developments surrounding the Competition Act 2010 as well as the competition regime under various sectoral regulations.

This book provides the readers with better understanding and clarity on the application of competition law and the development of legal jurisprudence on competition by analyzing recent decisions and judgments issued by the competition authorities. To deepen the analysis and discussion, increased reference has been made to the legal jurisprudence, case law and established competition law practices found in various relevant jurisdictions particularly the EU and the UK.

Written by authors with good knowledge of competition regulation, this substantially revised new edition provides invaluable guidance to officers of the Malaysian Competition Commission, judges, lawyers, in-house counsel, business owners, academics and students.

Key Developments Covered in this New Edition

• Vertical agreements, exemption and exclusion regime and abuse of dominant position
• Decisions of the Competition Appeal Tribunal and judgments of the court on judicial review applications
• Interaction between competition law and intellectual property law
• Market review exercises conducted by the Competition Commission
• Cases (including EU cases) on e-commerce, information technology and online platforms
• Sectoral regulation in the communications and multimedia, financial services, aviation, energy and gas sectors
• Guidelines on the merger process and regulatory assessment
• Third Party Access (TPA) regime and the Guidelines on Single Buyer in the energy sector
• Block exemption on shipping liner
• Individual exemptions granted and competition law assessments conducted on airline operators

Table of Contents

1. Introduction
2. The Historical and Policy Background
3. Scope and Application
4. Anti-competitive Agreement
5. Abuse of Dominant Position
6. The Exemption Regime
7. Administrative Framework and Enforcement
8. Competition Provisions in the Communications and Multimedia Sector
9. Competition Provisions in the Financial Services, Aviation, Energy and Gas Sectors