Competition Act 2010 Amendments Expected To Be Tabled In Parliament By Year-End - Armizan

KUALA LUMPUR, Aug 21 (Bernama) -- Amendments to the Competition Act 2010 (Act 712), aimed at curbing cartel activities, are in the final stages and expected to be tabled in Parliament by the end of this year, said Domestic Trade and Cost of Living Minister Datuk Armizan Mohd Ali.

He said the proposed amendments include the introduction of more comprehensive and effective competition legislation, covering all industries such as communications and multimedia, civil aviation, and energy under a unified legal framework.

“The 13th Malaysia Plan (13MP) outlines the centralisation of competition regulation under specific legislation, a step that will involve amending Act 712 and other related laws.

“Amendments to Act 712 by the Malaysian Competition Commission (MyCC) involve strengthening its investigative and enforcement powers, as well as introducing a merger control regime to help the government curb the formation of cartels or monopolies in the market,” he said when winding up the debate on the 13MP motion for his ministry in the Dewan Rakyat today.

He added that the Ministry of Domestic Trade and Cost of Living (KPDN) had taken note of suggestions to improve the detection and investigation of any cartel or bid-rigging activities before the procurement process is finalised.

Armizan said under Act 712, MyCC had the mandate to initiate investigations through four methods, including ex-officio, or based on information and complaints received from any party, such as the public, government agencies, and industry players.

“During any ongoing investigation, MyCC does not have the power to instruct ministries or government agencies to remove or exclude any bidder from the screening and selection process for suppliers or contractors for a particular tender if they have not yet been proven to have violated Act 712.

“However, ministries and government agencies can take appropriate action to remove or exclude companies found in violation of competition laws,” he said.

Armizan said that according to enforcement records, MyCC had found 270 businesses to have violated Act 712.

He said that of the total, 268 enterprises were found to have engaged in cartel activities, two had abused monopoly positions, and 26 breached Section 4 of the Act for bid-rigging cartels, resulting in fines totalling RM97.71 million.

--BERNAMA