1. The Malaysia Competition Commission (MyCC) has been reported by Malaysian local press to be issuing its final decisions soon, on two different cartel arrangements that it is currently investigating.
  2. The first involves the Pan-Malaysian Lorry Owners Association’s (PMLOA) decision on 11 September 2013 to raise its member’s transportation charges by 15%. MyCC opened investigations into PMLOA’s actions and issued proposed Interim Measures on 20 September 2013, directing PMLOA, its members and the relevant lorry enterprises to refrain from deciding and/or fixing transportation charges and to cease and desist from implementing the price increase, respectively. On 4 October 2013, PMLOA directed its members not to implement the increase in charges. It clarified that it was not the intention of PMLOA to prevent, restrict or distort competition and that all PMLOA members should make their own independent decision as to what changes, if any, are to be made to their transportation charges. MyCC is currently considering PMLOA’s representations and expects to make a final decision in the coming weeks.
  3. The second cartel investigation involves the market sharing arrangement between Malaysia Airlines (MAS) and AirAsia Bhd (AirAsia). MyCC issued a Proposed Decision on 6 September 2013, announcing that MyCC intended to fine the parties up to RM10m (S$3.9m) each for their anti-competitive arrangement. The parties have until 18 October 2013 to inform MyCC whether they would provide oral or written representations on the Proposed Decisions. MyCC expects to make a final decision in January 2014 after reviewing the representations. However, the MyCC Chief Executive Officer was reported to be of the view that it is “unlikely” for the parties to be let off without a fine because it “took…awhile” for MyCC to investigate and issue the Proposed Decision. If the Proposed Decision is finalised, MAS and AirAsia will be the first two companies in Malaysia to be fined by MyCC.
  4. MyCC currently has nine priority cases under investigation this year. Apart from the PMLOA case, MyCC is investigating four other instances of alleged price-fixing by associations and enterprises.