Translating non-efficiency goals under the Malaysian Competition Act 2010

Competition law is an important instrument to provide rules of the game for firms to compete in the market on a level playing field. It is widely accepted that the main purpose of competition law relates to economic goal, i.e. to protect the process of competition expressed in term of economic effic...

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Main Authors:	Abdul Rahman, Nasarudin, Ahamat, Haniff
Format:	Conference or Workshop Item
Language:	English English
Published:	2014
Subjects:	HB238 Competition. Production. Wealth K Law (General)
Online Access:	http://irep.iium.edu.my/37053/ http://irep.iium.edu.my/37053/ http://irep.iium.edu.my/37053/1/ASLI_program.pdf http://irep.iium.edu.my/37053/2/ASLI_paper.pdf

id	iium-37053
recordtype	eprints
spelling	iium-370532018-06-29T03:01:35Z http://irep.iium.edu.my/37053/ Translating non-efficiency goals under the Malaysian Competition Act 2010 Abdul Rahman, Nasarudin Ahamat, Haniff HB238 Competition. Production. Wealth K Law (General) Competition law is an important instrument to provide rules of the game for firms to compete in the market on a level playing field. It is widely accepted that the main purpose of competition law relates to economic goal, i.e. to protect the process of competition expressed in term of economic efficiency to ensure that resources are allocated in an efficient manner. It has been raised from time to time whether competition law should pursue non-efficiency objectives. More modern competition systems start to take into account the non-efficiency goals in the interpretation and implementation of their competition law. However, pursuing multiple objectives (efficiency and non-efficiency) may increase legal complexities and uncertainties, resulting in complicated tradeoffs between various objectives and exposing regulators to regulatory capture. This paper focuses on the newly enacted Malaysian competition law, namely, the Malaysian Competition Act 2010. This paper aims to study the manner in which the Malaysian competition law pursues or accommodate non-efficiency goals alongside with the economic efficiency objective as stated in the preamble of the Act. The paper highlights the role of non-efficiency goals in competition law and the issues involved in pursuing or balancing various objectives. The main thesis presented in this paper is as follows: 1) The Competition Act should not take into account non-efficiency goals unless the can be translated into efficiency gains and 2) the pursuit of non-efficiency goals such as under the name of social objective or general public interest should be accompanied with the principle of ‘proportionality’. 2014 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/37053/1/ASLI_program.pdf application/pdf en http://irep.iium.edu.my/37053/2/ASLI_paper.pdf Abdul Rahman, Nasarudin and Ahamat, Haniff (2014) Translating non-efficiency goals under the Malaysian Competition Act 2010. In: 11th ASLI Conference 2014: Law in Asia: Balancing Tradition and Modernization, 29th-30th May 2014, Faculty of Law, University of Malaya, Kuala Lumpur. (Unpublished) https://law.nus.edu.sg/asli_abstract/view_abstract_d.aspx?abno=103
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	HB238 Competition. Production. Wealth K Law (General)
spellingShingle	HB238 Competition. Production. Wealth K Law (General) Abdul Rahman, Nasarudin Ahamat, Haniff Translating non-efficiency goals under the Malaysian Competition Act 2010
description	Competition law is an important instrument to provide rules of the game for firms to compete in the market on a level playing field. It is widely accepted that the main purpose of competition law relates to economic goal, i.e. to protect the process of competition expressed in term of economic efficiency to ensure that resources are allocated in an efficient manner. It has been raised from time to time whether competition law should pursue non-efficiency objectives. More modern competition systems start to take into account the non-efficiency goals in the interpretation and implementation of their competition law. However, pursuing multiple objectives (efficiency and non-efficiency) may increase legal complexities and uncertainties, resulting in complicated tradeoffs between various objectives and exposing regulators to regulatory capture. This paper focuses on the newly enacted Malaysian competition law, namely, the Malaysian Competition Act 2010. This paper aims to study the manner in which the Malaysian competition law pursues or accommodate non-efficiency goals alongside with the economic efficiency objective as stated in the preamble of the Act. The paper highlights the role of non-efficiency goals in competition law and the issues involved in pursuing or balancing various objectives. The main thesis presented in this paper is as follows: 1) The Competition Act should not take into account non-efficiency goals unless the can be translated into efficiency gains and 2) the pursuit of non-efficiency goals such as under the name of social objective or general public interest should be accompanied with the principle of ‘proportionality’.
format	Conference or Workshop Item
author	Abdul Rahman, Nasarudin Ahamat, Haniff
author_facet	Abdul Rahman, Nasarudin Ahamat, Haniff
author_sort	Abdul Rahman, Nasarudin
title	Translating non-efficiency goals under the Malaysian Competition Act 2010
title_short	Translating non-efficiency goals under the Malaysian Competition Act 2010
title_full	Translating non-efficiency goals under the Malaysian Competition Act 2010
title_fullStr	Translating non-efficiency goals under the Malaysian Competition Act 2010
title_full_unstemmed	Translating non-efficiency goals under the Malaysian Competition Act 2010
title_sort	translating non-efficiency goals under the malaysian competition act 2010
publishDate	2014
url	http://irep.iium.edu.my/37053/ http://irep.iium.edu.my/37053/ http://irep.iium.edu.my/37053/1/ASLI_program.pdf http://irep.iium.edu.my/37053/2/ASLI_paper.pdf
first_indexed	2023-09-18T20:53:08Z
last_indexed	2023-09-18T20:53:08Z
_version_	1777410128197189632

Translating non-efficiency goals under the Malaysian Competition Act 2010

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