말레이시아 경쟁법에 관한 연구

Abstract

A globalised domestic economy places much influence from an internationalisation of competition law and convergence. In particular, learning competition law and policy from other countries’ model laws has become crucial in order to avoid any violation of competition law when domestic companies have businesses in other jurisdictions. Therefore, it is important to study diverse legal measures of competition law in other competition jurisdictions because it is vital for international transactions and also for proposals of better legal techniques, which can lead to convergence or localised harmonisation. Malaysia has finally made its maiden attempt to formally establish a legal regime of competition law. This effort is evidenced in the recent enactment of Competition Act 2010 (Act 712), and the Competition Commission Act (Act 713) was also legislated and entered into force in January 2012. Through these competition laws in Malaysia, the competition authority, the Malaysia Competition Commission (“MyCC”), was established. Similar to competition law regimes in other neighbouring countries around Southeast Asian region, the Act strictly prohibits any anti-competitive agreements and abusive conducts of market dominance in Malaysia or outside of Malaysia when having an impact on the Malaysian market, although the Act does not provide for competition law regulation on merger control. However, the Malaysian competition policymakers may face potential demands for the adoption of legal provision on merger in the Act in the near future. A closer look at the structure of the Act, it seems to appear that the substantive provisions and language of the Act are very similar to those of the UK and particularly the EU. The attention is drawn to the expressions of prohibition and exemption provisions in the Act which are almost identical to the EU’s approaches. Therefore, it can be implied that the Malaysian competition lawmakers seem to have adopted the legal techniques from the UK and also the EU. Malaysia has a Common Law tradition due to the colonial influence. However,the Malaysian competition lawmakers have had sufficient time to deliberate and consider models of competition law in other jurisdictions. In particular,when the number of cases increases, detailed measures are favoured and inclined to adopt examples and cases in the EU and Northeast Asian countries. The Malaysian competition authority and courts have a potential of better competition law choices by means of adopting diverse legal techniques,and the MyCC will further develop its competition policy through vigorous enforcement.