Registration for the event will begin at 8:15 am
This Conference — which promises to be a defining event of the Bar Council and the Malaysia Competition Commission (“MyCC”) — is not to be missed. Apart from covering the current state of competition law in Malaysia, it will also address possible reform that is on the horizon. Crucially, it will discuss MyCC’s position on the existence of certain monopolies over goods or services in Malaysia and the possible introduction of merger control, and the implications for corporate Malaysia and legal practice.
The introduction of merger control would bring a sea change in legal practice relating to transactional and deal work. In
jurisdictions with merger control, over 2017 and 2018 alone the following large transactions are noteworthy:
- In early November 2018, Disney’s USD71.3 billion acquisition of 21st Century Fox was only approved by the European Commission’s Directorate-General for Competition (“DG Comp”) subject to Disney selling off its entire business and interests in European history and documentary television channels;
- The fifth attempt at the merger of the London Stock Exchange and Deutsche Boerse (valued at EUR29 billion) was blocked by DG Comp due to competition concerns that the proposed merger may create a de facto monopoly; and
- In 2017, Facebook was fined EUR110 million for providing incorrect or misleading information during DG Comp’s investigation of Facebook’s acquisition of WhatsApp.
This Conference will also feature the new Minister of Domestic Trade and Consumer Affairs, the new Chairman of MyCC, and
the new Chief Executive Officer of MyCC. Come and interact with the enforcers and other practitioners of competition law to get an insight into the latest trends and current themes, issues and cases in competition law. Also, find out more about the Competition Appeals Tribunal (“COMPAT”), MyCC’s leniency programme, and other guidelines and policies.
This Conference is a must-attend event for all members whose legal practice may be affected by these developments.
(Each session includes a question-and-answer segment)
Registration and Breakfast
National Anthem: “Negaraku”
by YB Dato’ Saifuddin Nasution Ismail, Minister of Domestic Trade and Consumer Affairs
Signing of Memorandum of Understanding: MyCC with Universiti Putra Malaysia and Universiti Utara Malaysia
by Dato’ Seri Mohd Hishamudin Md Yunus, Chairman, MyCC
Session 1: Cartels and Leniency
MyCC has made the fighting of cartels as its highest priority, because the effect of cartels on the unwitting consumer is devastating. On the one hand, the Malaysians who generally realise the negative effect of cartels are unable to pinpoint who is responsible and how to deal with this issue. On the other hand, some business enterprises continue to be unaware that their common practices infringe the Competition Act 2010 (“Act”), and regard cartels as normal business practice. It is also critical to recognise that competition regulators around the globe have been promoting leniency to those who admit their wrongful conduct and, in Malaysia, section 41 of the Act allows enterprises to apply for leniency by admitting their infringement under section 4, where they then provide significant assistance to MyCC. A penalty reduction of up to 100% can be granted, based on the circumstances of the case. This session will focus on how to move forward in this area.
Speaker: Zairan Ishak, Principal Assistant Director, Enforcement Division, MyCC
Session 2: Powers of the Competition Appeal Tribunal
Speaker: Assoc Prof Dr Wan Liza Md Amin @ Fahmy, Competition Appeal Tribunal
Session 3: Monopoly Forum
MyCC is part of the Jawatankuasa Bagi Kajian Semula Dasar Monopoli Perkhidmatan dan Pembekalan tasked to address issues stemming from certain monopolies such as MyEG, BERNAS, Pharmaniaga, and Puspakom. MyCC has investigated suspected abusive monopolies, and this has resulted in issuance of decisions against MyEG and Megasteel. But is this enough? Some monopolistic / oligopolistic enterprises in Malaysia are created based on Government policies, which may need to be reviewed.
Dominique Lombardi, Partner, Competition & Antitrust and Trade, Rajah & Tann Singapore
Adlin Abdul Majid, Partner, Messrs Lee Hishammuddin Allen & Gledhill
Dr Wan Khatina Nawawi, Director of Economics, Malaysian Aviation Commission
Adlan Abd Razak, Senior Lecturer, Faculty of Law, Universiti Teknologi MARA
Rohizwan Ahmad, Legal Director, JT International Sdn Bhd
Wong Tat Chung, Partner, Messrs Wong, Beh & Toh
Session 4: Mergers Control Forum
Consumers realise the negative effects of monopolistic enterprises that abuse their power to control the market. The lack of choices, increase in prices, and exclusivity of agreements and abusive conduct will continue unless there is regulation of mergers and acquisitions. This is especially the case where mergers end up granting monopolistic powers to selected companies. Currently, the Securities Commission is entrusted with the responsibility of regulating and systematically developing Malaysia’s capital markets, including takeovers, mergers, and compulsory acquisition. The Securities Commission is ultimately responsible to investors, and it seeks to encourage and promote the development of the securities and futures markets in Malaysia, albeit without exploring competition issues.
MyCC is currently working with the ASEAN region competition authorities to implement the three tenets of competition law enforcement: anti-competitive agreements, monopolistic abuse, and merger controls. In this direction, extensive studies are being conducted on how to amend the Act in order to allow MyCC to respond to the merger and acquisition activities in Malaysia, and to take action against those organisations that negatively impact competition by the process of merger and acquisition.
Case studies will include the Grab-Uber merger.
Iskandar Ismail, Chief Executive Officer, MyCC
Dr Wan Khatina Nawawi, Director of Economics, Malaysia Aviation Commission
Anand Raj, Partner, Messrs Shearn Delamore & Co.
Devanesan Evanson, Chief Executive Officer & Executive Director, Minority Shareholders