Publication: Exclusion To Prohibition Of Anti-competitive Conduct On The Legislative Ground In Malaysia: A Cross-sectoral Analysis
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Date
2022
Journal Title
Journal ISSN
Volume Title
Publisher
Sciendo
Abstract
In Malaysia, its competition law (Competition Act 2010) excludes commercial activities from prohibitions on the ground that they are in pursuant to an order to comply with a legislative requirement. While this type of exclusion is present in other jurisdictions including the European Union (EU) and Singapore, there is slight difference in legislative wording in the Malaysian law leading to narrower scope of exclusion. Hence this article analysesthe application of the exclusion in specific sectors in Malaysia. Usingtheblack letter approach to legal research, the analysis inpaper finds that only limited sectors namely professional services fulfil the criteria, while the other sectors, though have legislation that provides for conduct which could be acted upon, such as price fixing, are short of
1007BALTICJOURNALOFLAW&POLITICSISSN2029-0454VOLUME15,NUMBER72022such an order. This creates false impressionthat certain activities are shielded merely by being mentioned in a statutewhereas a gazettedorder from the state to perform them is absent. Meanwhile, the statutes of different sectorshave different objectives.Requiring such an order prevents flexibility for matters of security and strategic concerns.
Description
Vol. 15 No. 7 (2022)
Keywords
Competition Law, Law of Economic Regulation, Malaysian Law