competition!act!2010!(act!712) · pdf file14/12/02 1 1 kobe%university%global1linkforum%...
TRANSCRIPT
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Kobe University Global-‐Link Forum Session 1 : “Public Policy Challenges in the Market Societies:
Competition Law and Policy in Malaysia
6 December 2014 Kuala Lumpur, Malaysia
RAGUNATH KESAVAN
Member of Commission
Malaysia CompeFFon Commission
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COMPETITION ACT 2010 (ACT 712)
An Act to promote economic development by promoFng and protecFng the process of compeFFon, thereby protecFng the interests of consumers and to provide for maRers connected therewith
Came into force on 1 January 2012
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1995 Fair Trade Bill first dra2ed
8MP & 9MP Mandate for development of compe>>on policy & law
2005 Cabinet approved Fair Trade Policy
June 2010 Compe>>on Act 2010 & Compe>>on Commission Act 2010 enacted
1 April 2011 Malaysia Compe>>on Commission (MyCC) established
1 Jan 2012 Compe>>on Act 2010 came into force
HISTORY OF THE COMPETITION LAW IN MALAYSIA
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Policy discussions on CompeFFon regime since 1995
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SCOPE OF COMPETITION
ACT 2010
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Applies to all commercial acFviFes both within and
outside of Malaysia that have nega>ve or
an>-‐compe>>ve effects in any market in Malaysia
ANTI-‐COMPETITIVE PRACTICES
ANTI-‐COMPETITIVE AGREEMENTS
(Sec. 4)
ABUSE OF DOMINANT POSITION (Sec. 10)
MAIN PROHIBITIONS OF THE COMPETITION ACT 2010
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EXEMPTIONS a) Significant idenFfiable technological,
efficiency or social benefits b) Benefits could not be provided without the
anF-‐compeFFve agreement c) The detrimental effect of the agreement is
proporFonate to the benefits d) CompeFFon is not eliminated completely
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What Are The Challenges?
COMPETITION LAW IN MALAYSIA
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CHALLENGES
a) Excluded sectors: • Three sectors are excluded from CA10 -‐
regulated by their own Acts: -‐ i. PETRONAS (Petroleum Act 1974) ii. MCMC (CommunicaFon and MulFmedia Act
1988) iii. Energy Commission (Energy Commission Act
2001) 10
CHALLENGES
• Redundancy in enforcement of the CompeFFon Law.
• Non-‐enforcement by sector regulators • How did we address these? ü Policy Advice ü Special CommiRee with other sector regulators (BNM, MCMC, SPAN, EC, SPAD)
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CHALLENGES
b) DistorFng Public Policies • Regulatory issues vs CompeFFon issues • E.g. BERNAS, AP Policies • AP: QuesFonable AP awarding system • How do we address these? ü Policy Advice ü Market Review
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CHALLENGES
DifficulFes: • To dismantle exisFng public policies • Need to do thorough assessment • Need the buy in from poliFcians
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CHALLENGES
d) Professional Bodies & AssociaFons • Statutes allow anF-‐compeFFve pracFce
such as price fixing. • E.g. BAR Council, Medical (MMA), Architect
(MIA) etc. • How are we addressing these? ü Targeted policy dialogue and briefing ü Policy Advice
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CHALLENGES
ü Promote Regulatory Impact Assessment (RIA) and CompeFFon Impact Assessment (CIA)
ü Seminars and talks *Long Term Exercise
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CHALLENGES
e) Bid-‐Rigging • AnF-‐compeFFve tender process in Public Procurement • E.g. Education Malaysia Global Services (EMGS), Ministry of Education Malaysia • How did we address these? ü Policy Advice ü Seminars and talks ü CollaboraFon with MOF & NAD
Policy Advice To the Government and Agencies
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q In total 27 policy advices have been given to the Government and other Agencies. q 14 advices in 2014.
Impact of These Advices: • Address EC – the highest decision making body • Inves>ga>ng big cases with maximum impact
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New Development ExempFons
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q A condi>onal Block Exemp,on Order (BEO) was granted for liner shipping agreements specifically Vessel Sharing Agreements and Voluntary Discussion Agreements made within Malaysia or has an effect on liner shipping services in Malaysia.
q The BEO was published in the Gaze]e and came into effect on 7 July 2014.
q The BEO applies to transport services provided by liner operators in respect of ocean transport and does not include any inland carriage of goods occurring as part of through transport. No element of price fixing or tariff in any form is allowed.
Enforcement Cases Decided by the Commission
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q Cameron Highland Floriculturist Associa>on (CHFA) – Decision (2012)
q Barbers Associa>on – Undertaking (2013) q Megasteel Sdn Bhd – Proposed Decision (2013) q Malaysia Airlines (MAS) & AirAsia – Final Decision (2014) q Ice Manufacturers – Proposed Decision (2014) q Educa>on Malaysia Group Services (EMGS) – Policy Advice
(2014) q Pan Malaysia Lorry Owners Associa>on (PMLOA) – Undertaking
(2014)
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CONCLUSION
• New Law • Difficult in changing landscape both in public and private sector • RIA & CIA is the best approach to jusFfy the policy change • Slow and long-‐drawn process
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