* Competition Act 2010

Original Language Title: * Competition Act 2010

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Laws of MALAYSIA Malaysian law TEXT ONLINE VERSION of the PRINT Act UPDATES 2010 COMPETITION ACT 712 As at 15 August 2016 2 ACT COMPETITION 2010 Royal Assent Date............ 2 June 2010 the date of publication in the Gazette......... June 10, 2010 last amended vide P.U. (A) 44/2016 which commence on............ March 1, 2016 3 laws of MALAYSIA Act 712 COMPETITION ACT 2010 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. Application of PART II ANTIPERSAINGAN Chapter 1 PRACTICE antipersaingan Agreement 4. Horizontal and vertical agreements prohibited 5. Release of liability 6. Individual exceptions 7. Cancellation or changes to individual exceptions 8. Block exemption 9. Procedure for exception block dominant position Abuse Chapter 2 10. Abuse of dominant position prohibited 4 laws of Malaysia ACT 712 Chapter 3 review market section 11. The authority to carry out a review of the market 12. The results of the review of the market for Chapter 4 saving of 13. Exclusion of PART III INVESTIGATION and ENFORCEMENT 14. The investigation by the Commission 15. Complaints to the Commission 16. Closure of an investigation 17. Power of investigation 18. Power to require provision of information 19. The Commission may retain documents 20. Access to records, etc.
21. The confidentiality of 22. Protected communications 23. Provide information, evidence or false or misleading documents 24. Concealment, destruction, or alteration the whole record, etc.
25. Search and seizure warrants with 26. Search and seizure without warrant 27. Access to computerized data 28. A warrant is admissible even if flawed 29. The list of records, books, accounts, etc., seized 30. The release of the records, books, accounts, etc., seized 31. There are no costs or damages arising from seizure can be retrieved 5 Competition Section 32. 33 constraints. Provision of information 34. Threats and retaliation prohibited PART IV of the DECISION by the COMMISSION 35. An interim measure 36. The decision proposed by the Commission 37. Oral representation 38. Conduct of hearing 39. Finding no violation of 40. The finding of infringement 41. Relaxation regime 42. Enforcement of the order or decision of the 43. Power to accept undertaking part V APPEAL TRIBUNAL 44 COMPETITION. The establishment of a Tribunal of Appeal Competition 45. Membership of the Competition Appeal Tribunal 46. Allowance 47. Resignation and revocation of appointment 48. Vacation of Office and appointment of new or temporary 49. Disclosure of interest 50. The Secretary of the Tribunal Appeal competition and other officials 51. An appeal to the Appeal Tribunal 52 Competition. The record of decision of the Commission 53. Suspension of decision pending appeal 54. The competition Appeal Tribunal composition 55. The competition Appeal Tribunal 56 Conference. Competition Appeal Tribunal procedures 57. The competition Appeal Tribunal powers 58. The results of the Competition Appeal Tribunal 6 laws of Malaysia ACT 59 Section 712. Enforcement of the decision of the Tribunal Appeal Competition 60. Protection against legal and legal proceedings PART VI GENERAL 61. General penalty 62. Compounding of offences 63. Offences by body corporate 64. Private right of action 65. The power to make regulations 66. The power to issue guidelines on 67. Public authorities Protection Act 1948 FIRST SCHEDULE SECOND SCHEDULE 7 laws of MALAYSIA Act 712 ACT COMPETITION 2010 an act to promote economic development by encouraging and protecting the competitive process, and thereby protect the interests of consumers and to provide for matters connected therewith.

[1 January 2012, [P.U. (B) 410/2010]]

WHEREAS the process of competition promotes efficiency, innovation and entrepreneurship, which encourage competitive prices, an improvement in the quality of products and services and a wider choice for consumers: and that to achieve this benefit, this legislation means to prohibit conduct antipersaingan: THEN, therefore, enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Act Competition 2010.

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




8 laws of Malaysia ACT 712 interpretation 2. In this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;

"concerted practices" means any form of coordination between enterprise knowingly substitute practical cooperation for the risks of the enterprises competition and includes any practice involving relationships or communication directly or indirectly between enterprises, which aim or effect is either — (a) to affect the conduct of one or more enterprises in a market; or (b) to disclose travel behaviour which are determined to be taken by an enterprise or to be acquired by him in a market, in the circumstances of the disclosure will not be made in normal conditions of competition;

"order" means a direction given by the Commission under part III or part IV of this Act;

"goods" means every type of property, whether tangible or intangible and includes — (a) all types of movable property;

(b) buildings and other structures;

(c) vessels and vehicles;

(d) utilities;

(e) minerals, trees and crops, either on, or attached to the land or not;
Competition 9 (f) of animals, including fish; and (g) the right in the action;

"document" has the same meaning assigned to it in the Evidence Act 1950 [Act];

"price" includes any form of consideration given in return for any type of goods or services, whether the replies have actually provided or advertised or presented as required in order to be given as Exchange for goods or services thereof;

"dominant position" means a situation in which one or more enterprises have significant power in the market to adjust prices or output or commercial terms, without effective constraints from competitors or potential competitors;

"prohibition" means any prohibition under this Act;

"supply" includes — (a) in relation to goods, supply and supply again, for sale, Exchange, lease, rental or hire purchase of goods; and (b) in relation to services, of procurement in the sale, provision or supply of such services;

"Minister" means the Minister charged with the responsibility for domestic trade and Consumer Affairs;

"publish", when there's no way specified, means publish in any form or manner as may be determined by the Commission;

"market" means a market in Malaysia or in any part of Malaysia, and when used in connection with any 10 laws of Malaysia ACT 712 goods or services, including a market for the goods or services and goods or services may be replaced, or otherwise compete with, goods or services who first mentioned;

"officers" have the same meaning assigned to it in the Act competition Commission 2010 [Act 713];

"violation" means a violation of any prohibition under this Act;

"Chairman" means the Chairman of the Commission appointed under the Act the Commission Competition 2010;

"user" means any direct or indirect users of the goods or services supplied by an enterprise in the course of business, and includes a another enterprise that uses the goods or services provided such as input for its own business and one wholesalers, retailers and end users;

"agreement" means any form of contract, arrangement or understanding, either can or cannot be enforced at law, enterprises, and includes a decision by an association and integrated practices;

"horizontal agreement" means an agreement between enterprises each operate at the same level in the production or distribution networks;

"vertical agreements" means an agreement between enterprises each operate at different levels of the production or distribution networks;

"enterprise" means any entity whose activities are

commercial relating to goods or services, and for the purposes of this Act, a parent company and subsidiaries shall be deemed to be a single enterprise if, despite having a separate entity in law, both of which form a single economic unit in which the subsidiary is not Competition 11 have real autonomy in determining the subsidiary action in the market;

"Commission" means the Commission established under the Competition Act competition Commission 2010.


Application of the 3. (1) this Act shall apply to any commercial activities, on and subject to subsection (2), outside Malaysia.

(2) in relation to the application of the act outside Malaysia, this Act shall apply to any commercial activities conducted outside Malaysia which has the effect of competition in any market in Malaysia.

(3) this Act shall not apply to any commercial activities that are regulated under the law specified in the first schedule and the Minister may, by order published in the Gazette, amend the first schedule.

(4) for the purposes of this Act, "commercial activity" means any activity that is commercial in nature but does not include — (a) any activity, directly or indirectly, in the exercise of the authority of Government;

(b) any activities carried out on the basis of the principle of solidarity; and (c) any purchase of goods or services which are not for the purpose to offer goods or services as part of an economic activity.






12 laws of Malaysia ACT 712 PART II Chapter 1 PRACTICE ANTIPERSAINGAN Agreement antipersaingan horizontal and vertical Agreements prohibited 4. (1) a horizontal or vertical enterprises prohibited in so far as the agreement has the objective or effect of preventing, restricting or interrupting competition significantly in any market for goods or services.

(2) without prejudice to the generality of subsection (1), a horizontal agreement between enterprises aim to — (a) fix it, directly or indirectly, a purchase price or sale or any other trading conditions;

(b) share markets or sources related;
(c) restrict or regulate — (i) production;

(ii) the outlet market or market access;

(iii) development of technical or technology; or (iv) investments; or (d) do the bid tipuan, be deemed to have the objective or effect of preventing, restricting or interrupting competition significantly in any market for goods or services.

Competition 13 (3) of any enterprise which is a party to an agreement prohibited under this section shall be liable for a breach of the ban.


Release of liability 5. Notwithstanding section 4, an enterprise which is a party to an agreement, its liability for breach may release prohibition under section 4 on the basis of the following reasons: (a) there are significant benefits that can be identified in terms of technology, efficiency or social as a consequence of the agreement;

(b) the interest cannot reasonably be given by the parties to the agreement without the agreement has the effect of preventing, restricting or interrupting competition;

(c) the adverse effects of the agreement on competition are proportionate to the benefits provided; and (d) the agreement does not allow enterprises concerned to eliminate competition altogether in respect of bulk goods or services.


Individual exceptions 6. (1) an enterprise may apply to the Commission for an exemption in respect of a specific agreement of the prohibition under section 4.

(2) the Commission may, by order published in the Gazette, give the exemption if, in the opinion of the Commission, the deal was the agreement section 5 applies.

14 laws of Malaysia ACT 712 (3) an exemption granted under this section referred to as "individual exceptions".

(4) the individual Exemption granted by the Commission may — (a) subject to such conditions as he thinks fit or obligations imposed by the Commission; and (b) is granted for a limited period as stated in the order.

(5) an individual exceptions can provide that the individual exemption will take effect from a date earlier than the date the order is made.


Cancellation or changes to individual exceptions 7. (1) if the Commission is satisfied that — (a) there is a material change in circumstances since the Commission give an individual exceptions; or (b) an obligation has been violated, the Commission may, by order published in the Gazette — (i) cancel the person's exemption;

(ii) alter or remove any conditions or obligations; or (iii) impose additional conditions or obligations.

(2) if the Commission is satisfied that — (a) the information on which the Commission decided to grant an individual exemption that was false Competition 15 or misleading in terms of material matters; or (b) such conditions has been violated, the Commission may, by order published in the Gazette, revoke the individual exceptions.

(3) any action taken by the Commission under subsection (1) shall take effect from the date the order is made.

(4) an individual exemption revoked — (a) by virtue of paragraph (2) (a) is void ab initio;
or (b) by virtue of paragraph (2) (b) shall become effective from the date the conditions hit.


Block exemption 8. (1) if the agreement belonging to a particular category is likely, in the opinion of the Commission, an agreement to which section 5 apply, the Commission may, by order published in the Gazette, provide an exemption to that particular agreement category.

(2) an exemption granted under this section referred to as "block exemption".

(3) an agreement which belongs to a category specified in an exception block exempted from the prohibition under section 4.

(4) the Commission in granting an exception block may impose any conditions or obligations that are subject to it a block exemption is to take effect.

(5) a block exemption can provide that — 16 laws of Malaysia ACT 712 (a) where there is a breach of the conditions imposed by the block exemption, the Commission may, by notice in writing, cancel the block exemption in respect of the agreement from the date of the infringement;

(b) where there is a failure to comply with the obligations imposed by the block exemption, the Commission may, by notice in writing, cancel the block exemption in respect of the agreement;

(c) if the Commission is of the opinion that a certain agreement is not an agreement to which section 5 apply, the Commission may, by notice in writing, cancel the block exemption in respect of the agreement from any date specified by the Commission;

(d) the block exemption shall cease to have effect at the end of the period specified in the order;
or (e) the block exemption shall take effect from a date earlier than the date the order is made.


Procedure for exception block 9. The Commission shall, before granting a block exemption — (a) publish the details of an exception block proposed by the Commission;

(b) give at least thirty days from the date of publication to allow any submissions made by the public in relation to the proposed block exemption; and competition 17 (c) give consideration to any submissions made.

Chapter 2 Abuse dominant position abuse of dominant position prohibited 10. (1) an enterprise prohibited to engage, either on their own or collectively, in such conduct to be an abuse of the dominant position in any market for goods or services.

(2) without prejudice to the generality of subsection (1), an abuse of dominant position may include — (a) directly or indirectly charge a purchase price or unfair sales or other commercial conditions unfair on suppliers or customers;

(b) limit or control — (i) production;

(ii) the outlet market or market access;

(iii) development of technical or technology; or (iv) investments, up to harm users;

(c) refuse to supply to an enterprise or group or category specific industry;

(d) impose different conditions to equivalent transactions with other trading parties to an extent that may — 18 laws of Malaysia ACT 712 (i) discourage new entrants into

market or expansion or investment by existing competitors;

(ii) forced out of the market or otherwise seriously damage an existing competitors that are not less cekapnya in comparison with the dominant position in the industry;
or (iii) harm competition in any market that is accompanied by the dominant industry or in any upstream or downstream market;

(e) making binding contract subject to acceptance by the other parties are additional conditions on its nature or according to commercial usage does not have to do with matter of the contract;

(f) behave like predators against competitors; or (g) purchase goods or intermediate supply limited resources required by a competitor, in the circumstances of the enterprise in the dominant position has no reasonable justification to purchase commercial goods intermediate or the resources to meet their own requirements.

(3) this section does not prohibit a dominant position in the enterprises from taking any steps that have reasonable or justified commercial is a commercial reasonable response to entry into the market or the conduct of a market competitors.

(4) the fact that the market share of any enterprise is overcome or under any particular stage does not by itself be taken as conclusive as to whether the enterprises are, or are not, in a dominant position in the market.

Competition 19 Chapter 3 review market Power to carry out a review of the market 11. (1) the Commission may, on their own initiatives or upon request of the Minister, conduct a systematic review of any market to determine whether any features or a combination of the features of that market is preventing, restricting or interrupting competition in the market.

(2) the review include a study of — (a) the structure of the market concerned;

(b) conduct the enterprise in the market;

(c) the behaviour of suppliers and customers to the enterprise in the market; or (d) any other related matter.


The results of the review of the market 12. (1) upon completion of the review of the market, the Commission shall publish the report findings and syornya.

(2) the Commission's Report shall be made available to the public.

Chapter 4 Saving Saving 13. (1) the prohibition under part II shall not apply to the matters specified in the second schedule.
20 laws of Malaysia ACT 712 (2) the Minister may, by order published in the Gazette, amend the second schedule.

(3) the Minister shall, before making an amendment to the second schedule — (a) publish notice of his intention to make such amendments and the proposed amendment;

(b) give at least thirty days from the date of notice to allow any submissions made by the public in relation to the proposed amendment; and (c) give consideration to any submissions made.


PART III INVESTIGATION and ENFORCEMENT Investigation by the Commission 14. (1) the Commission may conduct any investigation it deems expedient by the Commission if the Commission has reason to suspect that any enterprise has violated or is in breach of any prohibition under this Act or any other person has committed or is committing any offence under this Act.

(2) the Commission shall, at the direction of the Minister, investigate any suspected breach of any prohibition or the Commission of an offence under this Act.


Complaints to the Commission 15. (1) the Commission may, when it received a complaint from someone, to carry out an investigation on any Competition 21 enterprises, agreement or course of conduct that has violated or is in breach of any prohibition under this Act or to any person who has committed or is committing any offence under this Act.

(2) the complaint shall state the person against whom the complaint is made and the particulars of the alleged contravention or offence under this Act.


Closure of an investigation 16. (1) where a complaint has been made to the Commission under section 15 in respect of an infringement, the Commission may make an inquiry about the complainant for the purpose of deciding whether the Commission should, at its discretion, to investigate the matter.

(2) if the Commission, after any inquiry referred to in subsection (1), decided not to investigate the complaint, the Commission shall as soon as reasonably practicable and in such manner as he thinks fit, inform the complainant of the decision and reasons for the decision.

(3) Notwithstanding subsection (1) and (2), the Commission may, after deciding to investigate the complaint under section 15, at any time, decide to close an investigation against a violation under this Act, if the Commission is of the view that — (a) is inappropriate to continue the investigation by reason of the provisions of an undertaking pursuant to section 43; or (b) in all the circumstances of the continuation of the investigation does not constitute the best use of the resources of the Commission.

(4) when decided to close an investigation, the Commission shall publish a statement that the investigation has been closed, and provide a summary of the reason for the Commission to close the investigation.
22 laws of Malaysia ACT 712 investigation Powers 17. (1) an officer of the Commission shall have all the powers of investigation and enforcement under this Act.

(2) for the avoidance of doubt, declared that for the purposes of this Act, a Commission Officer investigate any of the Commission of an offence under this Act shall have all or any of the powers of a police officer in connection with a police investigation in the case can capture as provided under the criminal procedure code [Act 593].


Power to require provision of information 18. (1) the Commission may, by notice in writing, require any person who is believed by the Commission aware of the facts and circumstances of a case that — (a) to provide or submit to the Commission, within the period and in the manner specified in the notice, any information or document relating to the implementation of the powers and functions of the Commission; or (b) to make a statement to the Commission by giving an explanation about any information or documents referred to in paragraph (a) within the period and in the manner specified in the notice.

(2) if the Commission directs any person to produce any documents under subsection (1) and the person does not have custody of that document, that person shall — (a) stated, knowledge and his beliefs, the place where the document can be found; and (b) identify, all his knowledge and his beliefs, the last person who had custody of the documents and Competition 23 States, knowledge and his beliefs, a place where people on mentioned can be found.

(3) any person required or directed to provide information under subsection (1) or (2) shall ensure that the information provided is true, accurate and complete and that person shall give a real representation to that effect, including a declaration that he did not know of any other information that may make of the information provided is incorrect or misleading.


The Commission may retain documents 19. (1) the Commission may take and retain for such period as he may deem necessary, the possession of any document obtained under this section.

(2) the person who provides the document has the right to be supplied, with as soon as practicable, a copy of the certified valid by the Commission as a true copy of the document.

(3) Notwithstanding the provisions of any other written law, valid for certified copy of the document shall be admissible in evidence as if the copy is original.

(4) If the Commission is satisfied that the document is no longer need to be held save, the Commission may, with as soon as practicable, return the document to the person providing the document.


Access to records, etc.

20. (1) a person shall, if at any time be directed by the Commission, allowing the Commission gaining access to records, books, accounts or other things belonging to that person for 24 laws of Malaysia ACT 712 the purpose of carrying out any of the functions or powers of the Commission under this Act.

(2) any person who fails to comply with directions under subsection (1) commits an offence.


Confidentiality 21. (1) any person who disclose or use any confidential information in respect of a particular enterprise or an individual's Affairs obtained by virtue of any provision of this Act commits an offence.

(2) no nothing in subsection (1) may be effective for preventing disclosure of information if —


(a) the disclosure is made with the consent of the person from whom the information was obtained;

(b) the disclosure is necessary for the implementation of the functions or powers of the Commission;

(c) the disclosure is made on a reasonable basis during any proceedings under this Act provided that the disclosure is not made contrary to any direction of the Commission or the Appeal Tribunal before which the proceedings in Competition running;

(d) the disclosure is made in connection with an investigation of a violation or an offence under this Act; or (e) the disclosure is made with the permission of the Commission to any other national competition authorities in relation to a request by the national competition authorities for assistance.

(3) for the purposes of this section, "confidential information" means the information trade, business or industrial belonging any Competition 25 which, having economic value and is not available generally to or known by anyone else.


Protected communications 22. (1) No person shall be required, under any provision of this part, to provide or disclose any communications between a professional legal adviser with its protected from disclosure in accordance with section 126 of the act evidence of 1950.

(2) where — (a) the Commission makes a requirement under section 18 of an advocate and solicitor in respect of any information or documents; and (b) the information or document contains protected communication made by or on behalf of or to the barrister and solicitor is on its properties as a barrister and solicitor, barrister and solicitor is entitled to refuse to comply with it unless the person to whom or by him or on his behalf the communication is made or, if that person is a body corporate under the receipt or are being wound up , the recipient or liquidator, as the case may be, agree that advocates and solicitors that comply with that, but if a barrister and solicitor refuses to comply with such requirements, advocates and solicitors shall promptly provide the Commission in writing of the name and address of the person to whom the communication is made, or by whom.





26 laws of Malaysia ACT 712 provide information, evidence or false or misleading documents 23. Someone who does not disclose or does not provide any information or evidence or documents, or provide any information, evidence or document which he knows or has reason to believe is false or misleading, in response to an instruction issued by the Commission, commits an offence.


Concealment, destruction, or alteration the whole record, etc.

24. A person who — (a) destroys, defaces or conceals, alters; or (b) sending or attempting to send or plotting with any others to move from its premise or send out from Malaysia, any records, books, accounts, documents, computer data or other things stored or maintained with the intent to memfraud the Commission or to prevent, delay or menggalang conduct of an investigation or the exercise of any powers of the Commission under this Act commits an offence.


Search and seizure warrants with 25. (1) if it appears on a person's Magistrate, based on information given in writing from officers and after any investigation as may be deemed necessary by the Magistrate that there is reasonable cause to believe that — (a) any premises was used for; or Competition 27 (b) in any premises evidence necessary to conduct an investigation regarding, breach of any prohibition or the Commission of an offence under this Act, the Magistrate may issue a warrant empowering officers named in the warrant at any reasonable time during the day or night and with or without assistance, to enter the premises and if necessary using force.

(2) without prejudice to the generality of subsection (1), the warrant issued by a magistrate can authorize a search and seizure of any records, books, accounts, documents, computer data or other objects that contain or are reasonably suspected to contain information about any infringement or suspected offence has been committed.

(3) an officer of the Commission to carry out a search under subsection (1) may, for the purpose of investigating the violation or offence that, examine any person residing in or in the premises.

(4) an officer of the Commission who checked against a person under subsection (3) may seize or take possession of, and keep in safe custody of all things other than clothes to be found on that person, and any such thing about it is no reason to believe that the thing is equipment or other evidence of infringement of the offence may be detained until the person is discharged or released.

(5) when necessary to cause someone female examined, the examination should be performed by a woman with full courtesy.

(6) If, by reason of the nature, size or the lesser amount, transfer any records, books, accounts, documents, computer data or other thing seized under this section shall not be carried out, officials of the Commission shall in any way prevent the records, books, accounts, documents, computer data or other objects in the premises of the 28 laws of Malaysia ACT 712 or container in which the records, books , accounts, documents, computer data or other objects that could be found.

(7) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (6) or transfer any records, books, accounts, documents, computer data or other things dilak or attempting to do so commits an offence.


Search and seizure without a warrant 26. If an officer of the Commission are satisfied on information received that she had reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 25 of the investigation will be affected or the evidence of the Commission of a violation or offence may be interrupted, removed, defaced or destroyed, the officers can enter the premises and perform in, on and in respect of premises that all the powers referred to in section 25 in a way that fully and adequately as if he is given authorized to do so by a warrant issued under that section.


Access to computerized data 27. (1) any officer of the Commission to carry out a search under this Act shall be given access to computerised data either stored in a computer or otherwise.

(2) for the purposes of this section, an officer of the Commission shall be given a password, encryption, encrypting code code, software or hardware necessary or any other way that is required for understanding data simultaneously broadening access to enable computerized it.




Competition 29 Warrants can be accepted even if flawed 28. A search warrant issued under this Act is valid and enforceable notwithstanding any defects, errors or omissions in the search warrant or in the application for the warrant and any records, books, accounts, documents, computer data or other thing seized under the warrant shall be admissible as evidence in any proceedings under this Act.


The list of records, books, accounts, etc., seized 29. (1) except as provided in subsection (2), if any of the records, books, accounts, documents, computer data or other thing seized in accordance with this Act, the Commission officer who made the seizure — (a) must provide — (i) a list of records, books, accounts, documents, computer data or other things seized and shall sign the list; and (ii) a written notice of the seizure that contains the reason for the seizure and shall sign the notice; and (b) shall as soon as practicable serve a copy of the list of records, books, accounts, documents, computer data or other things seized and written notice of the seizure to the occupier of the premises have been searched, or ask your agent or pekhidmatnya in the premises.

(2) written notice of the seizure is not required in order to be delivered pursuant to paragraph (1) (b) if the seizure is made in the presence of the person against whom the proceedings under this Act is proposed to be taken, or in the presence of the owner of such property or his agent, as the case may be.
30 laws of Malaysia ACT 712 (3) where the premises not occupied, an officer of the Commission shall post up a copy of the list of records, books, accounts, documents, computer data or other thing seized it in conspicuous place in the premises.


The release of the records, books, accounts, etc., seized


30. If any of the records, books, accounts, documents, computer data or other thing has been seized under this Act, the Commission officer who made the seizure may release records, books, accounts, documents, computer data or other things to the person specified by him as legally entitled to it, if the records, books, accounts, documents, computer data or something else that's not required otherwise for the purposes of any proceedings under this Act or for the purpose of any prosecution under any other written law , and if such a Commission officer who made the seizure, the Federal Government, the Commission or any person acting on behalf of the Federal Government or the Commission shall not be liable to any proceedings by any person if the seizure and release of records, books, accounts, documents, computer data or other things that have been made in good faith.


There are no costs or damages arising from seizure can be retrieved 31. No person shall, in any proceedings before any court in respect of any records, books, accounts, documents, computer data or other thing seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.


Hurdle 32. Any person who — (a) Competition 31 refuses to give any officer of the Commission access to any premises that the officer of the Commission is entitled to it under this Act or in the discharge of any duty imposed or power conferred by this Act; or (b) mengamang, menggalang, prevent or delay any officer of the Commission in making any entry officer the Commission reserves the right to make it under this Act or in the discharge of any duty imposed or power conferred by this Act, commits an offence.


Whistleblowing 33. (1) any person who — (a) knowing or having reasonable grounds to suspect that an officer of the Commission are acting, or proposing to act, in connection with an investigation that is being, or will be, carried out under or for the purposes of this Act and disclose to any person information or any other matters that may affect the investigation or investigation of a proposed; or (b) knowing or having reasonable grounds to suspect that a disclosure has been made to an officer of the Commission under this Act and disclose to any person information or any other matters that might affect any investigation that might be conducted following the disclosure, commits an offence.

32 laws of Malaysia ACT 712 (2) no nothing in subsection (1) makes an offence for a person is a barrister and solicitor or employees to disclose any information or other matter — (a) to its customers or its representatives in connection with the provision of advice to the customers in the course of and for the purposes of professional services advocates and lawyers that way; or (b) to any person in anticipation of, or in connection with and for the purposes of any legal proceedings.

(3) subsection (2) does not apply in respect of any information or other matter the consolidation with a view to implementing any purpose which is unlawful.

(4) in proceedings against a person for an offence under this section, be a defence if the person proves that — (a) he did not know or suspect that a disclosure made under paragraph (1) (b) is likely to affect the investigations; or (b) he has a valid authority or reason to make the disclosure.


Threats and retaliation prohibited 34. (1) No person shall — (a) forcing or attempting to force any person to refrain from doing any act referred to in subsection (3); or (b) make any person subject to any condition the disadvantage in terms of commercial or other as Competition 33 retaliation against that person because to do any act referred to in subsection (3).

(2) for the purposes of and without prejudice to the generality of paragraph (1) (b), the State of disadvantage in terms of commercial or other that can include a threat late payment for the amount due to that person accordingly, carriage or exercise with unreasonable litigation against that person, the cancellation message with that person, or a transfer of the business of, or refusal to trade with, that person.

(3) the Acts referred to in subsection (1) are as follows: (a) make a complaint to the Commission under section 15; and (b) cooperate with, or offer or agree to cooperate with the Commission in connection with any investigation by the Commission.

(4) any person who contravenes this section commits an offence.


PART IV of the DECISION by the COMMISSION an interim Step 35. (1) this section applies if the Commission has started but not yet resolve an investigation under section 14.

(2) if the Commission has reasonable grounds to believe that any prohibition under this Act have been infringed or may be infringed and the Commission is of the view that it is necessary for him to act under this section by reason of article keterdesakan for the purpose of — 34 laws of Malaysia ACT 712 (a) prevent serious losses and cannot be repaired economically or otherwise, to a person or a category of a particular person; or (b) to protect the public interest, the Commission may give a direction that it considers appropriate and proportionate for that purpose.

(3) a direction given under subsection (2) may include requiring or cause any person — (a) to suspend the effective, and stopping of the Act in accordance with, any suspected Treaty violation of prohibitions under part II;

(b) to stop from any suspected conduct violates any prohibition under part II; or (c) to make, or refrain from making, any act, but who do not require the payment of money.

(4) the Commission shall, before giving a direction under subsection (2) — (a) serve a notice in writing to the person to whom the Commission proposes to give such directions; and (b) give the person an opportunity to make representations in writing within a period of at least seven days from the date of the written notice.

(5) a notice under subsection (4) shall indicate the type of proposed instructions to be given by the Commission and the reasons for giving such directions.

Competition 35 (6) the Commission may at any time revoke a direction given under subsection (2).

(7) without prejudice to subsection (6), any direction given under subsection (2) shall cease to have effect: (a) at the date of the decision by the Commission upon completion of the investigation under section 14; or (b) twelve months from the date command is given, whichever is earlier.


The decision proposed by the Commission 36. (1) If, upon completion of the investigation, the Commission intends to make a decision that one of the prohibitions under part II has been or is being violated, the Commission shall give written notice of the decision dicadangkannya to every enterprise that may be directly affected by the decision.

(2) the notice shall be — (a) state the reasons for the decision proposed by the Commission with sufficient details to enable the enterprise to which the notice is given the right prospects, and sufficient to enable him to make a comment about the proposed decisions based on known information;

(b) specify any penalties or corrective actions that are intended to be worn by the Commission; and (c) notify each enterprise to whom notice is given that the enterprise may, within such reasonable period as may be specified in the notice — 36 laws of Malaysia ACT 712 (i) submit written representations to the Commission; and (ii) indicate whether the enterprises intend to make oral representation before the Commission.


Oral representation 37. If an enterprise told the Commission, within the period specified in the notice given under section 36 that the enterprise wishes to make an oral representation, the Commission shall, before making any decisions relating to — (a) calling a session for oral representations to be held at a date, time and place determined by the Commission; and (b) give written notice of the date, time and the place to — (i) the enterprise concerned;

(ii) any person who has made a complaint

with the Commission with respect to the practice that lays an investigation Commission; and (iii) any other person presence in the oral representation session is deemed necessary by the Commission.


Conduct of hearing 38. (1) Notwithstanding section 37, the Commission may at any time, conduct a hearing for the purpose of determining whether an enterprise has violated or is violating any of the prohibitions under part II.
Competition 37 (2) if the Commission decides that a hearing be held, the Commission shall provide a notice at least fourteen days notice to the relevant enterprises to third parties and other interested persons — (a) which records the decision to call the hearing;

(b) stating the date, time and place for holding the hearing; and (c) that determines the matters to be considered at the hearing.

(3) when the Commission decides to hold a hearing, the Commission shall also decide — (a) whether to hold a hearing with each enterprise and any other interested third parties independently or hold a single hearing attended by all enterprises involved and interested third parties; and (b) whether to hold a hearing — (i) the public; or (ii) in a closed session, for the purpose of protecting confidential information.

(4) the hearing shall be governed by and operated in accordance with the rules of procedure in force at that time, as published by the Commission.

(5) the Commission shall keep a record of the hearing as may be sufficient to state the matters raised by any person who participated in the hearing.

(6) an enterprise can be represented at the hearing by — 38 laws of Malaysia ACT 712 (a) any officer or authorized employees;

(b) any barrister and solicitor;
(c) any person who belongs to in the description as may be specified for that purpose in the rules of procedure of the Commission; or (d) any other person, with the agreement of the Chairman.


Finding no violation of 39. If the Commission has decided that there is no infringement of a prohibition under part II, the Commission shall, without delay, give notice of such decision to any person affected by the decision stating the facts on which the Commission makes its decision and reasons the Commission make the decision.


Finding a breach of 40. (1) if the Commission decides that there is a breach of a prohibition under part II, the Commission — (a) must require the breach is stopped immediately;

(b) may specify steps to be taken by the enterprise in violation of, which in the opinion of the Commission is right to stop the infringement;

(c) may impose financial penalties; or (d) may give any other directions he thinks fit.

Competition, 39 (2) the Commission shall, within fourteen days of making its decision under this section, notify any person affected by the decision.

(3) the Commission shall prepare and publish reasons for each decision made by them under this section.

(4) a financial penalty shall not exceed ten per cent of worldwide turnover of an enterprise over a period of a violation occurred.


The regime of relaxation of 41. (1) a regime of relaxation shall be held, with a drop of up to a maximum of one hundred per cent for any penalties will be charged otherwise, which could be held in case of enterprises — (a) admit its involvement in a breach of any prohibition under subsection 4 (2); and (b) provide information or other forms of cooperation to the Commission which helps significantly, or might help significantly, in identification or investigation of any findings of violation of any prohibition by any other enterprise.

(2) a regime of flexibility can allow different reduction percentage held for an enterprise depending on — (a) whether the enterprises are the first to bring the suspected violation to the attention of the Commission;

(b) the stage in the investigation when — 40 laws of Malaysia ACT 712 (i) a participation in a violation of the recognized;
or (ii) any other information or cooperation has been given; or (c) any other circumstances that the Commission considers appropriate to be taken into account.


Enforcement of the order or decision of the 42. (1) the Commission may bring proceedings before the High Court against any person who fails to comply with a direction given by the Commission under section 35 or a decision under section 40.

(2) if the High Court finds that the person referred to in subsection (1) has not complied with the order or of the decision, the High Court shall make an order requiring that person to conform to the instructions or the decision.

(3) for the purposes of subsection (2), if the High Court finds that non-compliance with such directions include a failure to pay the penalty within the period specified, the High Court shall, in addition to the order that the person pay the penalty, order the person to pay interest at the rate of ordinary judgment from the date of the payment to be made after.

(4) any violation of an order of the High Court made pursuant to this section may be punished as a contempt of the Court.


Power to accept undertaking 43. (1) the Commission may, subject to the conditions that may be imposed by the Commission, received from an enterprise Competition 41 an undertaking to make or refrain from making anything deemed appropriate by the Commission.

(2) if the Commission accepted the undertaking under subsection (1), the Commission shall, in respect of an infringement, to close the investigation without making any finding of infringement and cannot impose a penalty on the industry.

(3) any undertaking accepted by the Commission under this section is a document available for inspection by the public in the manner specified by the Commission.

(4) the provisions of any undertaking accepted by the Commission under this section shall be enforced by the Commission as if the provisions have been set out in a decision given to the enterprise which gives the undertaking pursuant to section 40.


Part V APPEAL TRIBUNAL Appeal Tribunal Establishment COMPETITION 44 Competition. An Appeal Tribunal established Competition, which has the exclusive jurisdiction to review any decision made by the Commission under section 35, 39 and 40.


Membership of the Competition Appeal Tribunal 45. (1) the Appeal Tribunal shall consist of members of the Competition the following: (a) a President; and (b) between seven to twenty other members appointed by the Prime Minister on the recommendation of the Minister.

42 laws of Malaysia ACT 712 (2) the Prime Minister shall, on the recommendation of the Minister, upon nomination by the Chief Justice of the Federal Court, to appoint a high court judge to become the President of the Tribunal of appeal competition.

(3) the Prime Minister shall appoint a person who, in its opinion, have expertise in the industrial, commercial, economic, legal, accounting, or consumer affairs to be members of the Appeal Tribunal competition.

(4) The Appeal Tribunal members recommend Competition to the Prime Minister, the Minister shall take into account the proposals and recommendations by any government agency or any other body with expertise in any of the matters referred to in subsection (3).

(5) the President and members of the Appeal Tribunal Competition shall hold office for a term not exceeding six years.


Allowance of 46. The President and members of the Appeal Tribunal competition appointed under section 45 may be paid — (a) a daily sitting allowances during the Competition Appeal Tribunal Conference;

(b) an allowance for accommodation, travel and subsistence; and (c) any fixed allowance or other allowances, as determined by the Minister.






Competition 43 resignation and revocation of appointment of 47. (1) the President or any other Member of the Competition Appeal Tribunal may resign his Office by giving notice in writing of sixty days notice to the Prime Minister.

(2) the Prime Minister may at any time revoke the appointment of the President or any other Member of the Competition Appeal Tribunal if — (a) he is not of unsound mind or otherwise unable to carry out its work and manage its affairs;

(b) he becomes bankrupt or insolvent;

(c) 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

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

(d) he has been guilty of serious misconduct in relation to its work;

(e) he fails to comply with its obligations under section 49; or (f) its performance is not satisfactory for a significant period of time.




44 the laws of Malaysia ACT 712 vacation of Office and appointment of new or temporary 48. (1) the President or any other Member of the Competition Appeal Tribunal shall be vacated if — (a) he dies;

(b) he resigns or otherwise clear his Office before expiration to whom he appointed; or (c) his appointment is revoked under section 47.

(2) the Prime Minister shall appoint another person in accordance with section 45 to replace the President or any other Member of the Competition Appeal Tribunal during the vacancy the President or member of the Appeal Tribunal competition.

(3) the Prime Minister may appoint another person temporarily in accordance with section 45 to serve as President or any other Member of the Competition Appeal Tribunal — (a) during any period when the President or member is absent on duty or not available in Malaysia; or (b) if the President or member, for any other reason, unable to perform the duties of his Office temporarily.

(4) no act done or proceeding taken by the competition Appeal Tribunal in the exercise of its powers or the performance of its functions can be affected by reason there is any vacancy in the membership of the Tribunal Appeal competition.


Disclosure of interest 49. (1) a member of the Appeal Tribunal shall disclose, with Competition as soon as practicable, to the President about any interest, whether or not substantial 45 Competition, which may conflict with the Member's duties as a member of the Appeal Tribunal in a particular Competition matters.

(2) if the President is of the opinion that the Member's interest in conflict with the Member's duties as a member of the Appeal Tribunal, Competition President shall notify all parties to the matter regarding the conflict.

(3) If no party to object to the matter of the conflict, the Member can continue to carry out its work as a member of the Appeal Tribunal in respect of Competition with the matter.

(4) where a party to the protest about the conflict, members of the Competition Appeal Tribunal cannot continue the implementation of its duties as a member of the Appeal Tribunal in respect of Competition with the matter.

(5) If the Member is prohibited from discharging its duties under subsection (4), the President shall appoint at least one other Member of the Competition Appeal Tribunal to discharge its duties in relation to the matter.

(6) if the President has any interest, either substantial or not, which may be in conflict with his duties as President of the Tribunal of appeal competition in a certain things, he shall refrain from performing his duties as President in connection with the matter.

(7) the failure of the President to refrain from discharging its duties under subsection (6) or the failure of a member to disclose his interest shall be — (a) menidaksahkan the Competition Appeal Tribunal's decision unless all parties agree to be bound by the decision; and (b) making the President or member is subject to the revocation of his appointment under section 47.

46 laws of Malaysia ACT the Appeal Tribunal Secretary 712 competition and other officers of 50. (1) the Minister shall appoint a Secretary to the Appeal Tribunal competition.

(2) the Minister may designate such number of public officers may deem eligible to assist the Secretary.

(3) for the purposes of this Act, the Secretary and officers determined under subsection (2) shall be deemed to be an officer of the Tribunal Appeal competition.


An appeal to the Appeal Tribunal 51 Competition. (1) any person aggrieved or interest affected by a decision of the Commission under section 35, 39 or 40, may appeal to the Appeal Tribunal Competition by filing a notice of appeal to the Appeal Tribunal competition.

(2) a notice of appeal shall be made in writing to the Competition Appeal Tribunal within thirty days from the date of the decision of the Commission and the appellant shall give a copy of the notice to the Chairman of the Commission.

(3) the notice of appeal shall state in the form of a summary of the contents of the Commission decision dirayukan, shall contain an address where any notice or document relating to the appeal may be served upon the appellant or the solicitor belanya and shall be signed by the appellant or Attorney belanya.


The record of decision of the Commission 52. (1) the person aggrieved or affected his interest referred to in section 51 may, on their own initiatives, request in writing to the Commission to obtain a statement of the reasons for decision of the Commission.

Competition 47 (2) subject to subsection (3), the Commission shall, when he received a written request under subsection (1), provide a copy of the statement of reasons for its decision to the person aggrieved or his interest moved it on payment of the prescribed fee.

(3) when a notice of appeal has been filed with the Tribunal Appeal Competition under section 51, the Commission shall, if the Commission has not yet write a reason for its decision on matters specified in the notice as may be requested by the appellant under subsection (1), record in writing the reasons for its decision and reasons in writing shall form part of the record of the proceedings before the Tribunal Appeal competition.


Suspension of decision pending appeal 53. (1) pending the results of an appeal by the Appeal Tribunal, a decision of the Competition Commission are valid, binding and enforceable except where a suspension of the decision of the Commission has been requested by the appellant and the Appeal Tribunal allowed by the competition.

(2) an application for suspension must be in writing and shall be made to the competition Appeal Tribunal on or after the day the notice of appeal is filed with the Appeal Tribunal competition.


The composition of the Competition Appeal Tribunal 54. Every Competition Appeal Tribunal proceedings shall be heard and disposed of by three members of the Appeal Tribunal Competition or any larger number of odd as determined by the President in any particular case.




48 laws of Malaysia ACT the Appeal Tribunal 712 55 Conference Competition. (1) the Appeal Tribunal shall be Competition met on any date and at any place designated by the President from time to time.

(2) the President may cancel or postpone any Conference Tribunal Appeal competition and can change the place specified under subsection (1).

(3) any changes to the date or place of any Appellate Tribunal Conference Competition shall be notified to the parties to the appeal in writing.


Competition Appeal Tribunal procedure 56. The competition Appeal Tribunal shall decide its own procedure.


The competition Appeal Tribunal authority 57. (1) the Appeal Tribunal Competition shall have power — (a) to call the party to the proceedings or any other person to appear before it to give evidence in respect of an appeal;

(b) to seek and receive evidence in vow or pledge either orally or dokumentar, and examine all such persons as witnesses as may be deemed necessary by him;

(c) If a person called so, to require the production of any information, document or other thing in his possession or under his control which are deemed necessary by the Tribunal Appeal Competition for the purposes of the appeal;
Competition 49 (d) to handle any oath, affirmation, or statutory declaration, in accordance with the requirements of the State;

(e) If a person called so, to allow the payment of any reasonable expenses incurred in connection with his presence;

(f) to receive evidence or reject the evidence presented, whether orally or dokumentar, and whether it is acceptable or not acceptable under the provisions of any written law for the time being in force relating to the admissibility of evidence; and (g) to generally direct and do all things necessary or expedient in order to speed up the results of the appeal.

(2) the Appeal Tribunal shall have the power of Competition of the subordinate courts under the subordinate Courts Act 1948 [Act 92] with respect to the enforcement of attendance of the witness, the hearing of evidence in an oath or pledge and pass sentence as insult the Court.


The results of the Competition Appeal Tribunal 58. (1) decision of the Tribunal Appeal competition, of any

subject, shall be decided by a majority of its members.

(2) the Appeal Tribunal may confirm or set aside the Competition results were to be the case for the appeal, or any part thereof, and may — (a) remit the matter to the Commission;

(b) impose or cancel, or change the amount of, a financial penalty;

50 laws of Malaysia ACT 712 (c) give any direction, or take such other steps as may be given or taken by the Commission itself; or (d) make any other decision that can be made by the Commission itself.

(3) a decision of the Appeal Tribunal shall be final and binding on the competition, the parties to the appeal.


Enforcement of the decision of the Tribunal Appeal Competition 59. A judgment given by the Appeal Tribunal may, with the permission of the Competition of the High Court, become enforceable in the same way as a judgment or order which has the same effect, and if such permission is granted, the judgment can be included in accordance with the terms of the decision.


Protection against legal and legal proceedings 60. No action, suit, prosecution or other proceedings may be taken or brought, instituted or maintained in any court against — (a) the Appeal Tribunal Competition;

(b) the President or any member of the Appeal Tribunal Competition;

(c) the Secretary or any other officer of the Competition Appeal Tribunal; or (d) any other person authorized to act for and on behalf of the competition Appeal Tribunal, with respect to any act or omission done or omitted by him in good faith on such properties.
Competition 51 PART VI GENERAL Penalties am 61. Any person who commits an offence under this Act for which no penalty expressly provided shall, on conviction — (a) if that person is a body corporate, to a fine not exceeding five million dollars, and for a second or subsequent offence, to a fine not exceeding ten million dollars; or (b) if that person not being a body corporate, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or both, and for a second or subsequent offence, to a fine not exceeding two million ringgit or to imprisonment for a term not exceeding five years or both.


Compounding of offences 62. (1) the Minister may, by regulation, designate any offence as an offence can compound and can set the way that told them may be compounded.

(2) the Commission may, with the written consent of the public prosecutor, compound any offence committed by any person under this Act and the set became an offence can compound with make an offer in writing to the person suspected to have committed the offence to compound the offence when paid to the Commission an amount not exceeding fifty per cent of the amount of the maximum fine for the offence within the time specified in the written offer.

52 laws of Malaysia ACT 712 (3) an offer under subsection (2) may be made at any time after the offence committed but before any pendakwaaan thereof into, and if the amount specified in the offer is not paid within the time stated in the offer or in any time extension granted by the Commission, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.

(4) where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer is made, compound and any records, books, accounts, documents, computer data or other thing seized in connection with the offence be released by the Commission, subject to such terms and conditions as the Commission thinks fit to impose upon such terms as the compound.

(5) all sums received by the Commission under this section shall be paid into the Federal Consolidated Fund.


Offences by body corporate 63. (1) where a body corporate commits an offence under this Act, any person who at the time of the Commission of the offence was a Director, Chief Executive Officer, Chief Operating Officer, General Manager, Secretary or other similar officer of the body corporate or purporting to act on any such nature or in such a way or up to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) may separately or in association in the proceedings the same together with the body corporate; and competition 53 (b) if the body corporate is found to have committed the offence, shall be deemed to have committed the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable precautions and has conducted all due diligence to avoid the Commission of the offence.

(2) if any person under this Act shall be liable to pay any penalty or penalties for the Act, omission, neglect or disbelief, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default that was done — (a) by an employee of that person within its employment;

(b) by the agent while acting on behalf of that person; or (c) by the agent within the employee's employment with the agent or otherwise on behalf of agents acting on behalf of that person.


Private right of action 64. (1) any person who suffered loss or damage as a result of a direct breach of any prohibition under part II has a right of action for relief in civil proceedings in the Court under this section against any enterprises or in the material that becomes a party to the infringement.
54 laws of Malaysia ACT 712 (2) an action may be brought by any person referred to in subsection (1) regardless of whether the person dealing directly or indirectly with the enterprise.


Power to make rules 65. (1) the Minister may make such regulations as are necessary or expedient for — (a) to implement fully the provisions of this Act;
(b) carry out or achieve the goals and purposes of this Act; and (c) provide for any matter ancillary or supplementary, arising in connection with this Act.

(2) the Minister may, before making any rules — (a) publish a notice of his intention to make the regulations proposed;

(b) give at least thirty days from the date of publication of the notice to allow any submissions made by the public in relation to the regulations proposed; and (c) give consideration to any submissions made.

(3) regulations made under this section may prescribe any act or omission which is berlanggaran with the regulations to be an offence and may prescribe a penalty to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or both of each.


Power to issue 55 competition guidelines, 66. (1) the Commission may issue and publish any guidelines expedient or necessary for the better carrying out of this Act.

(2) without prejudice to the generality of subsection (1), the Commission may issue — (a) guidelines on economic analysis and legal to be used in determining the case under this Act; and (b) guidelines on the principles to be used in determining any penalties or remedies imposed under this Act.

(3) the Commission may cancel, modify, revise or amend the whole or any part of any guidelines issued under this section.


Public authorities Protection Act 1948 67. Public authorities Protection Act [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission, the Chairman, any officer of the Commission, any Member, officer, agent or servants of the Commission, the President, Secretary or any Member, officer, agent or servants Competition Appeal Tribunal in respect of any act, neglect or default done or omitted by him on such properties.



The FIRST SCHEDULE [section 3] 1. Communications and Multimedia Act 1998 [Act 588] 56 laws of Malaysia ACT 712 2. The Energy Commission Act 2001 [Act 610]


3. The Petroleum Development Act 1974 [Act 144] and Petroleum regulations 1974 [P.U. (A) 432/1974] as far as commercial activities regulated under this law directly related to production activities which encompasses it, mengeskploit, obtain and acquire petroleum either on the beach or off the coast of Malaysia.

4. Malaysia Airlines Commission Act 2015 [Act 771].



SECOND SCHEDULE [section 13] activities that are not subject to Chapter 1 and 2 of part II of Chapter 1 and 2 of part II shall not apply to — (a) an agreement or conduct in so far as it is involved in an order to comply with a legal requirement;

(b) activities of the collective consultation or collective agreement in respect of the terms and conditions of employment and negotiated or tied up between the parties including both employer and employee or organization established to represent the interests of the employer or employee;

(c) an industrial undertaking entrusted with the operation of services of general economic interest or having a monopoly production as far as prohibition under Chapter 1 and Chapter 2 part II will prevent implementation, in law or fact, a specific task assigned to the enterprise.


57 laws of MALAYSIA Act 712 ACT COMPETITION 2010 LIST AMENDMENT of laws that amend the short title effect from P.U. (A) 384/2013 P.U. (A) 44/2016 Competition Order (Amendment of first schedule) Order Competition 2013 (Amendment of first schedule) 2016 01-01-2014 01-03-2016 58 laws of MALAYSIA Act 712 ACT COMPETITION 2010 LIST of laws AMEND Section Power amend with effect from the first schedule P.U. (A) 384/2013 p.u (A) 44/2016 01-01-2014 01-03-2016

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