Malaysia Update – Proposed Amendments to the Competition Act 2010 [Act 712] and Competition Commission Act 2010 [Act 713]

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The Malaysia Competition Commission (“Commission”) recently conducted an Online Public Engagement process to get feedback on the recently proposed amendments to the Competition Act 2010 (“Act”)and the Competition Commission Act. The proposed amendments have, amongst others, extended the scope of the Act so that “enterprises” will now cover individuals and partnerships.

The proposed amendments will also aim to provide consumers with greater economic benefits (e.g. proposed amendments to section 5(a) of the Act). Other than streamlining processes, there are a few significant proposed amendments which appear to provide the Commission with wider powers of enforcement. Examples of these relate to a proposal to empower the Commission to require persons to attend a private hearing before the Commission and a proposal to make it compulsory for parties to make written representations to the Commission after a proposed decision is issued by the Commission.

Since the coming into operation of the Act on 1 January 2012, it has been amended once by carving out from the application of the Act, upstream petroleum activities in Malaysia.

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