Merger control regime formalised for telecommunications sector

The Malaysian telecommunications regulator has issued two guidelines that introduce a voluntary merger control regime for the communications industry.

Pursuant to the Guidelines on Mergers and Acquisitions, parties can now notify the Malaysian Communications and Multimedia Commission ("MCMC") of M&A transactions in a communications market in Malaysia.

The Guidelines on Authorisation of Conduct provide guidance on applications to MCMC for authorisation of conduct (including M&A) which may have the requisite anticompetitive purpose or effect in a communications market, on the basis of national interest considerations.

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MyCC's landmark antitrust decisions upheld by the High Court

​MyCC decisions against the two largest airline operators in Malaysia and an e-government services provider for market sharing and abuse of dominance respectively have been upheld by the Malaysian High Court.

Both judgments followed judicial reviews against decisions of the Competition Appeal Tribunal. These cases indicate the courts' willingness to review the Tribunal's decisions, further adding to the level of uncertainty and delays in the implementation of antitrust enforcement actions in Malaysia.

Antitrust guidance on IP rights issued

The MyCC's new IP guidelines addresses potential issues arising from IP licensing arrangements and other common practices relating to IP.

The Guidelines on Intellectual Property Rights and Competition Law provide guidance on MyCC's approach to assessing potential issues under the Competition Act that relate to the exploitation of IP rights.

The guidelines include an extensive list of conduct involving IP rights which the MyCC considers may potentially infringe competition law.

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MyCC proposes USD 21 million fine for abusive practices by ride sharing operator

Clauses restricting drivers from promoting and providing advertising services to rivals are the subject of a proposed decision by the MyCC.

The MyCC's proposed decision includes a financial penalty of approximately RM 87 million (USD 21 million) and a daily penalty of RM 15,000 (USD 3,600) until the required remedial actions have been undertaken by Grab.