Written by: Averroes
Some of you might of heard of what is MyCC, as you are the stakeholders and individuals directly involved in Competition Law. On the side note, you might be a law student who is currently studying Competition Law, either because we are forced to, other elective subjects are taken or that we genuinely find this Law to be interesting.
Everyone has their own reasons, but in this article, I would like to share my experience and perspective regarding Competition Law. Below, I made a video about Competition Law that I hope helps you understand the core or basics of Malaysian Competition Law; or if you are in need of materials because you are defending your clients, or that you need them for exams, assignments or studying purposes, here is the website to MyCC with all the cases and Guidelines.
In my personal opinion, I think Competition Law is very important. Recently on Astro Awani, a video I watched on Youtube is regarding the amendment to section 10 of the Competition Act 2010. Ismail Iskandar who was the executive officer in that video mentioned that, enterprises who seek to merge would need to have the consent from MyCC or they would be liable for abuse of dominant position.
The video was posted 4 months ago, and I have not heard or seen the amendment passing or any action taken against enterprises that merge together and monopolise the market. That's one of the pressing issues that I would like to highlight. I'm equally stunned and bewildered that Malaysia only enacted the Competition Act in 2010 and MyCC was only established in 2011.
Before that, Malaysia does not have any Competition Law. Countries in Europe were the precursors and we as Malaysians adopted their Competition Law principles into our country. MyCC is a quasi-judicial body, where a person could lodge a complaint to them, hence MyCC would investigate the alleged enterprise that have committed an anti-competitive behaviour or abuse of dominant position.
Though, recently the MAS-Air Asia case states that the decision of CAT (Competition Appeal Tribunal) is final and cannot be subjected to judicial review, MyCC is still currently appealing to the Federal Court to overturn the per incuriam precedent.
The actual reason as to why I believe Competition Law is important because, if not, we would live in a black and white society. We need to have as much players and enterprises out there who are constantly fighting, competing and provide the best products, goods and services to us consumers.
When the enterprises compete and fight among one another, they constantly strive to innovate and improve themselves for the benefit of the consumers at large. This can be observed through the quality of their goods or services and pricing. If all these enterprises collude with each other, then we will see a world dominated or monopolised by a single entity.
We as consumers could only select and buy from a single enterprise that does not have variety or diversity in their goods or services. That is why I said we would live in a black and white world. Everyone would only use the same car, we are forced to pay the same price for a TV with the same quality from the same person. Without competition, we are restricted and confined without preaching or have access to differences and variation.
We have to embrace innovation, change and diversity. I am not talking about this only on a Competition Law aspect, but this I dare say also include our fundamental rights to expression and right to life to have access and enjoy diverse goods and services. I strongly condemn any action of enterprises agreeing with each other to commit anti-competitive behaviours or enterprises abusing their position to kill and wane down other start-up companies or people and forcing them to only buy their goods or services.
It is time for change, I welcome the amendment to section 10 to prohibit merger of enterprises without consent and further research or changes to Competition Law that is to come in the future!
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