Fighting anti-competitive practices

COMPETITION ACT 2010

PROMOTING COMPETITION, PROTECTING YOU

FIGHTING ANTI-COMPETITIVE PRACTICES

Action by MyCC

The CA2010 empowers the MyCC to investigate and take action against enterprise that engage in anti-competitive conduct. An investigation may be initiated by:

• Direction of the minister
• The MyCC
• Complaint lodged with the MyCC

Investigation

• The MyCC may commence an investigation where there is an infringement or suspicion of an infringement.

• In conducting investigations, MyCC officers have wide powers to search and seize files, documents, accounts, computerised data, etc and require any person to provide information, documents or make a statement.

• The MyCC may accept an UNDERTAKING from enterprise to do or refrain from doing anything, subject to conditions imposed by the MyCC.

• If the MyCC accepts the undertaking, the investigation will be closed without any finding of infringement and no financial penalty will be imposed.

INTERIM MEASURE-DIRECTION

The mycc may issue a direction as an interim measure, while an investigation is still ongoing, in cases where it needs to take urgent action to prevent serious or irreparable damage to any person or to protect the public interest

DECISION

If the MyCC finds that there is an infringement of the CA 2010 at the completion of an investigation, it will

• Issue a written notice to the enterprise concerned, informing it of its proposed decision.

• provide details of the reasons for its decision, and

• inform the enterprise of the penalties and remedies they are proposing to imposeonto the infringing enterprise

The enterprise concerned may elect to make written or oral representation to the MyCC before the MyCC makes a final decision.

If there is a finding of non-infringement, then the person affected by the decision will be notified.

HEARING

PENALTIES

Info

The Competition Appeal Tribunal (CAT) is established to hear appeals agains a decision made by the MyCC under section 35 (direction), 39 (finding of non-infridgement) and 40 (decision of infridgement) of the CA 2010. Any enterprise or person whose interests are directly or indirectly affected by any of these decision of the MyCC can file a notice of appeal to the CAT. The appeal must be filed within 30 days of the date of such decision

As a member of the public, you may be directly or indirectly affected, there are options for you to take action

• Right of private action
• Submit complaint to MyCC

HOW TO SUBMIT COMPLAINTS

The MyCC has issued a Complaint Form that the public can use to file a complaint. The Complaint Form should contain:

02

01

Information about the complainant

Information about the party or parties complained of

04

03

Any other relevant information and supporting documents

Abrief description of the alleged infringement that is the subject matter of the complaint

The Complaint Form can be downloaded from the MyCC website at www.mycc.gov.my The Complaint Form may be submitted to the MyCC in any of the following ways:

ADDRESS

Level 15, Menara SSM@SentralNo 7, Jalan Stesen Sentral 5, Kuala Lumpur Sentral, 50623 Kuala Lumpur

Fax

+603-22722293 +603-22721692

Email

complaints@mycc.gov.my