Competition Law in Malaysia, Second Edition, Student Edition

About the Authors

Nasarudin Abdul Rahman is an assistant professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He obtained his LLB (Hons) from IIUM in 2002 and his Master in Comparative Laws (MCL) also from IIUM in 2008. He received his PhD from Macquarie University of Sydney, Australia in the area of competition policy and law in Malaysia. Prior to joining IIUM, he was an advocate and solicitor of the High Court of Malaya. In 2002 he joined Bank Islam Malaysia Berhad where he served as an assistant manager in the industrial relations department, and later, an assistant manager in the risk management division overseeing Sharia’h risk compliance in Islamic banking. Nasarudin teaches company law and competition law at undergraduate level. His areas of interest are also competition policy and law, industrial relations, and Islamic banking. He has published many articles relating to competition law and policy in Malaysia. Nasarudin has been a member of the Malaysia Competition Commission since October 1, 2017.

Haniff Ahamat is an associate professor at the Faculty of Law, the National University of Malaysia (UKM). He holds a PhD from University of Essex, United Kingdom. He wrote his PhD thesis on the consumer perspectives of Malaysian and EC anti-dumping regimes. His areas of interest include international economic law, WTO law, competition law and law for SME exports.
 

• 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

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 analysing 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.

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