* Competition Commission Act 2010

Original Language Title: * Competition Commission Act 2010

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that LAST UPDATE 713 Act 2010 COMPETITION COMMISSION ACT As on March 1, 2016 2 ACT COMPETITION COMMISSION 2010 date of Assent......... 2 June 2010 the date of publication in the Gazette............ 10 June 2010 3 laws of MALAYSIA Act 713 COMPETITION COMMISSION ACT 2010 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II ESTABLISHMENT of a COMPETITION COMMISSION 3. The establishment of the Commission 4. Seal 5. Membership of the Commission 6. Application of table 7. Statutory declaration by members of the Commission 8. The approval to hold other posts 9. The term of Office 10. Remuneration and allowances 11. Revocation of appointment and the resignation of 12. Vacation of Office 13. Temporary exercise of functions of the Chairman 14. Establishment of 15. Disclosure of interest 4 laws of Malaysia ACT 713 PART III FUNCTIONS and POWERS of the COMMISSION Section 16. The functions of the Commission 17. The power of the Commission 18. Directions by Minister 19. Statements, reports, accounts and information PART IV PROVISIONS RELATING to EMPLOYEES of the COMMISSION 20. Chief Executive Officer 21. Temporary exercise of functions of Chief Executive Officer 22. Appointment of employees of the Commission 23. Loans, scholarships and cash advance 24. The payment of retirement benefits, etc.
25. The Commission may adopt regulations, etc.
26. The protection of officials and other persons part V finance 27. Fund 28. Expenses shall be charged on the Fund 29. Preservation of the Fund 30. Expenditure and preparation of estimates 31. 32 bank accounts. Power to borrow 33. 34 investments. The contractual restriction to 35. 36. financial procedure Financial year competition Commission 5 Section 37. Annual report PART VI GENERAL 38. Appointment and powers of officers 39. Cooperation with other authorities 40. An initial prosecution 41. 42 public servants. Public authorities Protection Act 1948 43. Obligations of confidentiality 44. Representation in civil proceedings 45. Power to employ 46. Things done in anticipation of this Act made 47. Method of publication table 7 laws of MALAYSIA Act 713 COMPETITION COMMISSION ACT 2010 an act to provide for the establishment of a competition Commission, to express the powers and functions of the Commission, and to provide for related and incidental to it.

[January 1, 2011; P.u. (B) 499/2010] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the competition Commission Act of 2010.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.


Interpretation 2. In this Act, unless the context otherwise requires — "members" means the Chairman and any member of the Commission appointed under section 5;

"Committee" means a Committee established by the Commission under section 14;
8 laws of Malaysia ACT 713 "Chief Executive Officer" means the Chief Executive Officer of the Commission appointed under section 20;

"Fund" means the Fund competition Commission established under section 27;

"Minister" means the Minister for the time being charged with the responsibility for matters concerned with the domestic trade and Consumer Affairs;

"the Commission's officer" means a person appointed or authorized by the Chief Executive Officer in writing under competition law for the purpose of carrying out an investigation on any offence or a breach of competition law;

"employee" means any person employed by the Commission under section 22 and includes Chief Executive Officer;

"Chairman" means the Chairman of the Commission appointed under section 5;

"Commission" means the competition Commission established under section 3;

"competition law" means this Act and the Competition Act 2010 [Act 712] and includes any subsidiary legislation made under this law.


PART II ESTABLISHMENT of a COMPETITION COMMISSION establishment of Commission 3. (1) a body corporate to be known as "competition Commission" was established.

9 competition Commission (2) the Commission shall have perpetual succession and has a seal.

(3) the Commission may sue and be sued (s).

(4) subject to and for the purposes of this Act, the Commission may, on such terms as he thinks fit by the Commission — (a) enter into contracts; and (b) in respect of every type of movable and immovable and movable property and interests regarding immovable – (i) acquire, buy and take the assets and interests; and (ii) hold, enjoy, transfer, assign, surrender, return, mortgage, charge, pledge, assign the mendemis, transferred, or in any other way dispose of, or make any arrangement about the property, and any interest on the property that vested in the Commission.


Seal 4. (1) the common seal of the Commission shall have a design that is approved by the Commission and such seal may from time to time be broken, changed, altered and made anew as it deems fit by the Commission.

(2) until a seal is provided by the Commission, a stamp bearing the words "competition Commission" may 10 laws of Malaysia ACT 713 used and shall be deemed to be the common seal of the Commission.

(3) the common seal shall be kept in the custody of the Chairman or of any other persons authorized by the Commission, and shall be authenticated either by the Chairman or by any other person authorized by the Chairman in writing.

(4) all deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed.


(5) any deeds, documents and other instruments which, if executed by a person not being a body corporate, is not required in order to be sealed may be executed in the manner similar by a member of the Commission or any other person authorized by the Commission on behalf of the Commission.

(6) the common seal of the Commission shall be officially and judicially noticed.


Membership of the Commission 5. (1) the Commission shall consist of the following members who shall be appointed by the Prime Minister on the recommendation of the Minister: (a) a Chairman;

(b) four members representing the Government, one of whom must be a representative of the Ministry which is currently responsible for matters concerned with the domestic trade and Consumer Affairs; and competition Commission 11 (c) not less than three but not more than five other members, who have experience and knowledge in matters relating to business, industry, Commerce, law, economics, public administration, competition, consumer protection or any other suitable qualifications as determined by the Minister.

(2) the appointment of members of the Commission shall be published in the Gazette.

Application of table 6. (1) of the schedule apply to members of the Commission.
(2) the Minister may amend the Schedule by order published in the Gazette.

Statutory declaration by members of the Commission 7. (1) No person shall be appointed as a member of the Commission unless prior to such appointment such person makes a statutory declaration as to whether he has any interest, financial or otherwise, in any commercial undertaking or trade.

(2) where a member of the Commission acquire any interest, financial or otherwise, in any commercial or trading undertaking, he shall, within one month after the acquisition, give notice in writing to the Minister stating the importance of which has been obtained it.

The approval to hold other posts 8. (1) the Chairman may not, while in Office that, hold any Office or employment, whether granted remuneration or not, without the prior approval in writing of the Minister.
12 laws of Malaysia ACT 713 (2) No person shall be appointed or remain as a member of the Commission if he assumed the position of full time in any public listed companies without the prior approval in writing of the Minister.


The term of Office 9. (1) a member of the Commission shall hold office for a term not exceeding three years.

(2) a member of the Commission shall be eligible for re-election but no Member may hold office for more than two terms in a row.


Remuneration and allowances 10. (1) the Chairman shall be paid such remuneration and allowances as determined by the Minister, after consultation with the Minister of finance.

(2) all other members of the Commission shall be paid such allowance at the rates determined by the Minister, after consultation with the Minister of finance.


Revocation of appointment and the resignation of the 11. (1) the appointment of any member of the Commission may, at any time, be revoked by the Prime Minister if necessary in the interest of effective implementation and economical functions of the Commission.

(2) revocation of appointment under subsection (1) shall be supported by reasons in writing.

Competition Commission 13 (3) any member of the Commission may, at any time, resign his Office by notice in writing addressed to the Prime Minister.


Vacation of Office 12. The Office of a member of the Commission shall be vacated if — (a) he dies;

(b) has been proved against him or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to a penalty or in lieu of a fine) for a period of more than two years;

(c) his actions, whether related to its obligations as a member of the Commission or otherwise, is such a way that pollute or aggravate name Commission;

(d) he becomes bankrupt;

(e) he is not of unsound mind or otherwise is unable to meet its obligations;

14 laws of Malaysia ACT 713 (f) in the case of the Chairman, he did not attend the meeting of the Commission a total of three times in a row without permission in writing from the Minister;

(g) in the case of a member of the Commission other than the Chairman, he did not attend the meeting of the Commission a total of three times in a row without permission in writing from the Chairman;

(h) he was involved in any Office or employment that is inconsistent with the obligations of paid a Commission Member;

(i) he has acted in breach of competition law;

(j) his appointment is revoked by the Prime Minister; or (k) resignation accepted by the Prime Minister.


Temporary exercise of functions of the Chairman 13. (1) subject to subsection (2), the Minister may temporarily appoint any member of the Commission, other than the Chief Executive Officer, to act as Chairman during the period when — (a) the Chairman is empty;

(b) the Chairman is not present on duty or not available in Malaysia;
or (c) the Chairman, for any other reason, is unable to perform its function.

(2) if the Chairman is vacant for six consecutive months or more, the Prime Minister shall appoint another person to be the Chairman in accordance with this Act, and with the competition Commission of that appointment, the Chairman of the 15 previous shall cease from being a member of the Commission.


Establishment of 14. (1) the Commission may establish such committees as it may deem necessary or expedient to assist it in discharging its functions under the law of competition.

(2) a Committee established under subsection (1) — (a) shall be chaired by any member of the Commission;

(b) shall meet and act in accordance with any instructions given to it by the Commission; and (c) may specify the tatacaranya itself.

(3) members of the Committee established under subsection (1) may be appointed from among the members of the Commission or any

other persons as it deems fit by the Commission.

(4) a member of the Committee shall hold office on such terms and for the period specified in the letter of appointment and shall be eligible for re-election.

(5) the Commission may revoke the appointment of any member of the Committee.

(6) a member of the Committee may, at any time, resign by giving notice in writing to the Chairman of the Committee.

(7) the Commission may, at any time, discontinue or modify the membership of a Committee.

16 laws of Malaysia ACT 713 (8) the Committee may convene a meeting of the Administration at any time and at any place determined by the Chairman of the Committee.

(9) a Committee may invite any person to attend any meeting held for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

(10) members of a Committee and any person invited under subsection (9) may be paid such allowances and other expenses as determined by the Commission.


Disclosure of interest 15. (1) a member of the Commission or any Committee established under section 14 of the acquiring an interest directly or indirectly whether by itself, through a member of his family or through its affiliates in connection with any matter under discussion by the Commission or Committee, shall disclose to the Commission or Committee, as the case may be, the fact of his interest and the interest of the type.

(2) a disclosure under subsection (1) shall be recorded in the minutes of meetings of the Commission or Committee, as the case may be, in which the matter is discussed and, after the disclosure, the Member — (a) cannot attend or take part in any deliberation or decision of the Commission or Committee, as the case may be;
and (b) shall not be taken into account for the purpose of forming a quorum of the Commission or Committee, as the case may be, the 17th competition Commission when the matter is discussed or decided.

(3) a member of the Commission or Committee who did not disclose his interest as required under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both of each.

(4) no action or proceeding the Commission or Committee may be void on the ground that any member of the Commission or Committee has violated this section.

(5) for the purposes of this section — "family member", in respect of a member of the Commission or Committee, including — (a) his spouse;

(b) parent (including parent's spouse);

(c) his children (including adopted children or stepchildren);

(d) other siblings (including brothers husband spouse); and (e) a husband or his wife or his sister; and "allies", in respect of a member of the Commission or Committee, means — (a) the person is a member or employee of the trustee (s);

(b) the Member firms or any nominee of his, is a partner;

(c) partner to the Member;
18 laws of Malaysia ACT 713 (d) a trustee of a trust under which the Member or a member of his family is a beneficiary; or (e) any corporation within the meaning of the companies Act 1965 [Act 125], which the Member or any nominee of his or of a member of his family is a Director or has a substantial holding of shares in such Corporation.


PART III FUNCTIONS and POWERS of the COMMISSION the functions of the Commission 16. The Commission shall have such functions as specified under the laws of competition and shall also have the following functions: (a) advise the Minister or any public authorities or other regulatory authorities on all matters relating to competition;

(b) notify the Minister about the anti-competition that actual or possible from current legislation or proposed legislation and make recommendations to the Minister, if applicable, in order to avoid this effect;

(c) advise the Minister on international treaties relating to matters of competition and competition law;

(d) implement and enforce the provisions of the law of competition;
Competition Commission 19 (e) issue guidelines with respect to the implementation and enforcement of competition law;

(f) Act as advocates for competition;

(g) exercise, as it may deem appropriate, general studies in connection with issues related to competition in the Malaysian economy or certain sectors of the Malaysian economy;

(h) collecting information for the implementation of the functions of the Commission;

(i) publish, and otherwise raise awareness among persons engaged in trade or trade and among the general public, information relating to competition law and in accordance therewith the Commission will carry out its functions under the competition law;

(j) inform and educate the public about how competition can benefit consumers, and the economy, Malaysia;

(k) consider and make recommendations to the Minister about the renewal of the laws of competition;
and (l) carry out any activity and do any thing as are necessary or expedient and proper for the administration of the Commission.


The power of the Commission 17. (1) the Commission shall have power to do all such things as are necessary or expedient for or in connection with the performance of its functions under the law of competition.
20 laws of Malaysia ACT 713 (2) without prejudice to the generality of subsection (1), the Commission's powers include the power of — (a) to use all movable and immovable property of the Commission in such manner as he thinks expedient by the Commission including mortgage the property for pemerdapatan loans;

(b) to impose a penalty for violations of the provisions of the law of competition;

(c) to impose fees or charges for services rendered by the Commission;


(d) to appoint any of its agents, experts or consultants as it considers qualified to assist the Commission in the performance of its functions;

(e) to grant loans, scholarships and money advances to employees for any purpose and upon such terms as may be determined by the Commission or approved by the Minister;

(f) to pay remuneration, allowances and any other expenses of the Commission;

(g) to formulate and implement programmes for the implementation of the functions of the Commission accordingly and seberkesannya, including programmes for human resource development, financing and cooperation;

(h) to cooperate with any corporate body or Government Agency for the purposes of performing the functions of the Commission;

(i) to require the provision of information by the enterprise to assist the Commission in the performance of its functions; and competition Commission 21 (j) to do anything incidental to any of the functions and powers.


Directions by Minister 18. (1) the Commission shall be responsible to the Minister.

(2) the Minister may, in writing, giving the Commission directives of a general, in accordance with the provisions of competition law, in respect of the implementation of the functions and powers of the Commission and the Commission shall give effect to such directions.


Statements, reports, accounts and information 19. (1) the Commission shall give to the Minister, and any other public authorities specified by the Minister, any statements, reports, accounts and information concerning the activities and their accounting as required or directed by the Minister from time to time.

(2) statement of account, reports, and information shall be in such form and shall contain any information relating to the Commission's policies and practices and any other matters as the Minister may determine from time to time.


PART IV PROVISIONS RELATING to EMPLOYEES of the COMMISSION Chief Executive Officer 20. (1) the Minister shall appoint a Chief Executive Officer upon such terms and conditions as he may deem fit.
22 laws of Malaysia ACT 713 (2) the Chief Executive Officer shall be responsible for the overall administration and management functions, activities and day to day affairs of the Commission.

(3) the Chief Executive Officer shall have general control over the employees of the Commission.

(4) the Chief Executive Officer shall perform any other duties as directed by the Commission from time to time.

(5) in fulfilling its duties, the Chief Executive Officer shall act under the authority and the General instructions of the Commission.

(6) the Chief Executive Officer is an employee of the Commission.


Temporary exercise of functions of Chief Executive Officer 21. (1) the Minister may appoint temporarily any employee of the Commission to act as Chief Executive Officer during the period when — (a) the post of the Chief Executive Officer is vacant;

(b) the Chief Executive Officer is absent on duty or not available in Malaysia; or (c) the Chief Executive Officer, for any other reason, is unable to perform its function.

(2) if the Chief Executive Officer is vacant for more than six months, the Minister shall appoint another person to be the Chief Executive Officer, and with the appointment, the previous Chief Executive Officer, shall cease from holding the post.



Competition Commission 23 appointment of workers Commission 22. (1) the Commission may, from time to time, appoint and employ such number of employees may deem necessary and upon such terms as it thinks fit to carry out the purposes of competition law.

(2) the Commission may, with the approval of the Minister, determine the conditions of service of employees.


Loans, scholarships and money advances 23. The Commission may provide loans, scholarships and money advances to employees for any purpose and upon such terms as may be determined by the Commission.


The payment of retirement benefits, etc.

24. The Commission may make arrangements for payments to its employees and their dependants of any retirement benefits, pensions, gratuities and other allowances as determined by the Commission.


The Commission may adopt regulations, etc.

25. The Commission may adopt any modifications it deems fit, any regulations, rules, policies, circulars and instructions made or issued by the Federal Government in connection with any matter under this part.


Protection officers and others 26. No action, suit, prosecution or proceeding shall be instituted in any court against the Commission, the Commission's officer or any other person acting on behalf of the Commission or an officer of the Commission with respect to any 24 laws of Malaysia ACT 713 what acts directed that done or made by him on such properties provided that at that time he has performed its function in good faith.


Part V FINANCIAL Fund 27. (1) a fund known as the "competition Commission Fund" established and shall be administered and controlled by the Commission.

(2) the Fund shall consist of — (a) any money allocated from time to time by Parliament for the purposes of this Act;

(b) all or any part of fees, charges the administration or other charges imposed by or payable to the Commission under this Act;

(c) all moneys derived as income from investments made by the Commission;

(d) all money received by the Commission through a grant;

(e) all moneys derived from the sale, disposal, leasing or rental, or any other transactions of, any property, mortgages, charges or debentures vested in or acquired by the Commission;

(f) all money and other property in any way become payable to or vested in the competition Commission 25 the Commission, in respect of any matter incidental to its functions and powers;

(g) any costs payable to, or obtained by, the Commission in any action or proceeding, civil or criminal;

(h) money borrowed by the Commission under section 32; and (i) moneys lawfully received by the Commission, including the flower.


Expenses shall be charged on the Fund 28. Fund shall be expended for the purposes of the following:


(a) pay any expenses done legally by the Commission;

(b) paying the remuneration, allowances and expenses of other members of the Commission, members and staff of the Commission;

(c) pay any expenses, costs or other expenses relating to the acquisition of goods and services, including recruitment consultancy, fees and legal costs and other fees and costs, made or received properly by the Commission in the performance of its functions and exercise of its powers under competition law;

(d) buy or rent equipment, machinery and any other materials, acquire land and any assets, and constructing buildings, and to carry out any work and 26 laws of Malaysia ACT 713 other undertaking in the performance of its functions and exercise of its powers under competition law;

(e) to pay back money borrowed and interest imposed thereon;

(f) to grant loans, scholarships, cash advance, pension benefits, pensions, gratuities and other benefits;
and (g) generally, to pay any expenses of carrying out the provisions of competition law.


Conservation Fund 29. Be the duty of the Commission to conserve the Fund with the performance of its functions and exercise of its powers under this Act in such a way that with uncertain that the total revenues of the Commission sufficient to pay all sums properly chargeable on revenue account, including depreciation and interest on capital, from year to year.


Expenses and the preparation of the estimate of 30. (1) the expenditure of the Commission to the extent of any amount allowed by the Minister for any one year shall be paid out of the Fund.

(2) before 1 September each year, the Commission shall submit to the Minister an estimate of the expenses (including expenses for research and development) for the following year in such form and containing such particulars as may be directed by the Minister.

Competition Commission 27 (3) the Minister shall, before 1 January of the next year, told the Commission the amount authorised for expenditure generally or the amount authorised for expenditure on the basis of an estimate of each description provided under subsection (2).

(4) the Commission may, at any time, submit an additional estimated expenses for any one year to the Minister and the Minister may allow the whole or any part of the additional expenditure is included in the estimated additional expenditure.


31 bank accounts. The Commission shall open and maintain an account or accounts with the bank or banks in Malaysia as it deems fit by the Commission, after consultation with the Minister; and every account that must be handled, as far as practicable, by cheque signed by any person or persons authorized by the Commission for that purpose from time to time.

Power to borrow 32. The Commission may, from time to time, borrow in any form and at any rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise, as approved by the Minister, with the agreement of the Minister of finance, any money needed by the Commission to meet its obligations or discharging any of its duties.

33 investment. Money the Commission shall, to the extent not needed to spend immediately by the Commission under this Act, 28 laws of Malaysia ACT 713 invested in such manner as the Minister may approve, with the consent of the Minister of finance.


The contractual restriction to 34. The Commission may not, without the approval of the Minister and the consent of the Minister of finance, make any contract under which the Commission is required to pay or receive an amount exceeding ten million dollars.


35. financial procedure Subject to this Act and the approval of the Minister, the Commission shall determine its own financial arrangements.


Financial year 36. Financial year the Commission shall begin on 1 January and ends on 31 December of each year.


Annual report 37. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Commission.


PART VI GENERAL appointment and of any officer of the Commission 38. (1) the Commission may appoint any number of officials of the Commission may deem necessary for the exercise of the powers provided under the laws of competition.
Competition Commission 29 (2) for the purposes of an investigation under competition law, the Commission may appoint employees or any other person to become an officer of the Commission.

(3) an officer of the Commission who are not employees of the Commission shall be subject to the obligations of confidentiality under section 43, and shall enjoy the protection and indemnity as set out in this Act or any other written law applicable to an employee of the Commission, as the case may be.

(4) an officer of the Commission shall have all the powers necessary to carry out the inspection and investigation of any offence or infringement under the law of competition.


Cooperation with other authorities 39. Minister may give directions to the Commission regarding the arrangements of cooperation between Commission with any other authorities in Malaysia or in a foreign jurisdiction or any international organization and determining the arrangements for such cooperation or membership in international organizations.


An initial prosecution 40. No prosecution shall be instituted for offences under the laws of competition without the written consent of the public prosecutor.


41 public servants. All members of the Commission and any Committee, and all employees, officers, agents and consultants of the Commission, time to meet their obligations under this Act 30 laws of Malaysia ACT 713 as members, employees, Officers, agent or consultant of such, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


Public authorities Protection Act 1948 42. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or against any member of the

The Commission, any member of the Committee, and employee or agent of the Commission in respect of any act, neglect or default made or done by him in good faith or omission by him in good faith, on a nature that is.


Obligations of secrecy 43. (1) except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any written law or if otherwise permitted by the Commission — (a) no member of the Commission or any of its committees or any employee or agent of the Commission or any person attending any meeting of the Commission or any of its committees, either during or after the term of Office or the period of her employment , may disclose any information it considers in the course of kewajipannnya and which are not published according to the law of competition; and (b) no one else has any other way have access to any information or document relating to the Affairs of the Commission may disclose the information or document.
Competition Commission 31 (2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or both.


Representation in civil proceedings 44. Notwithstanding any other written law — (a) in any civil proceedings by or against the Commission;

(b) in any civil proceedings against any officer or employee of the Commission in relation to the performance of its functions under the competition law; or (c) in any civil proceedings in which the other Commission required or allowed by the Court to be represented, or to be heard, or otherwise have the right to be represented or be heard, any person authorized by the Commission for that purpose may, on behalf of the Commission, or an officer or employee of the Commission, such proceedings or present in such proceedings and may make all presence and application and do all the acts in respect of the proceedings on behalf of the Commission.


Power to employ 45. The Commission may employ and pay agents and technical advisers, including advocates and solicitors, bankers, consultants and others, to make any arrangement or to perform any act required in order to be managed or performed on its functions, or 32 laws of Malaysia ACT 713 exercise of its powers or to carry out the purposes of this act better.


Things done in anticipation of this Act made 46. Everything done by any person or authority on behalf of the Commission in preparation and towards the implementation of proper administration or of this Act, and any expenses incurred in connection therewith, in anticipation of the making of this Act shall be deemed to have been authorized by this Act, and all rights acquired or obligations incurred on behalf of the Commission of any such should be done when this Act comes into force are deemed to be rights and obligations of the Commission.


The method of publication of 47. (1) where the Commission is empowered to publish, or be required to broadcast, a instructions, guidelines, revocation, release, naming or decision or other document under the laws of competition, broadcasting it may be through electronic means in such a way that makes it accessible with reasonable by any person who wishes to view it, and the publication of a document in a manner that shall have effect for all purposes under this Act.

(2) for the purposes of this section, "electronic" means technology that uses electricity, optical, magnetic, electromagnetic, biometrics, Photonics or other technology as may be determined by the Commission.




Competition Commission 33 TABLE [section 6] time and place of the meeting 1. (1) the Commission shall hold as many meetings as are necessary to carry out its functions efficiently and the meeting shall be held at any place and at any time the Chairperson shall, provided that the Chairman may not allow more than three months elapse between meetings.

(2) written notice at least fourteen days shall be given to members.

(3) the Chairman shall preside at meetings of the Commission.


Quorum of 2. The Chairman and at least half of the other members of the Commission shall constitute a quorum at any meeting of the Commission.


Casting vote 3. (1) every Member of the Commission who were present are entitled to one vote.

(2) where on any question to be determined by the Commission there is equality of votes, the Chairman shall have a casting vote in addition to vote normally.


The Commission may invite others to meetings 4. (1) the Commission may invite any person to attend any meeting or deliberation of the Commission for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or deliberation.

(2) any person invited under subparagraph (1) shall be paid such allowance as determined by the Commission.



34 the laws of Malaysia ACT 713 Resolution without meeting 5. (1) a resolution of the counts as was approved at a meeting of the Commission if — (a) all members of the Commission have been informed of the proposed resolution, or reasonable endeavours have been made to inform all members of the Commission on the proposed resolution; and (b) without meeting, the majority of members of the Commission marked the agreement on the resolution in the manner determined by the Commission under subparagraph (2).

(2) subparagraph (1) applies only if the Commission — (a) decided that the subparagraph is applicable; and (b) to decide on the method which the Commission's members could indicate an agreement on a resolution.

Minute 6. (1) the Commission shall cause to be — (a) minutes of all its meetings to be maintained and stored; and (b) a copy of the minutes of all its meetings as submitted to the Commission as soon as practicable.


(2) minutes made of meetings of the Commission, if duly signed, shall, in any legal proceedings, be received as prima facie evidence of the facts stated in the minutes without further proof.

(3) every meeting of the Commission: respect has been made in accordance with subparagraph (1) and (2) shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.


Setting 7. The Commission may regulate its own procedure.


Competition Commission 35 validity of acts and proceedings 8. No act done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the establishment of the Commission;

(b) there is a breach of the provisions of section 15 of the Act by any member of the Commission; or (c) there is any omission, defect or ketidakteraturan that notwithstanding the merits of the case.


Members should devote time to the business of the Commission 9. Members of the Commission should devote time to the Affairs of the Commission as may be necessary to meet their obligations effectively.















36 laws of MALAYSIA Act 713 ACT COMPETITION COMMISSION 2010 LIST AMENDMENT of laws that amend the short title effect from-No-37 laws of MALAYSIA Act 713 ACT COMPETITION COMMISSION 2010 LIST SECTION AMENDED Section Power amend with effect from-no-