The theory of harm under the Malaysian Competition Act 2010

The Malaysian Competition Act 2010 (the CA 2010) seeks to promote the process of competition in the market by preventing anti-competitive conduct that harms to competition. However, what harms to competition is not clearly spelt out in the Act neither in its subsequent guidelines. Without a proper a...

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Main Authors:	Abdul Rahman, Nasarudin, Ahamat, Haniff, Abd Ghadas, Zuhairah Ariff
Format:	Conference or Workshop Item
Language:	English
Published:	2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/43324/ http://irep.iium.edu.my/43324/ http://irep.iium.edu.my/43324/1/The_Theory_of_harm.pdf

id	iium-43324
recordtype	eprints
spelling	iium-433242017-12-12T13:30:21Z http://irep.iium.edu.my/43324/ The theory of harm under the Malaysian Competition Act 2010 Abdul Rahman, Nasarudin Ahamat, Haniff Abd Ghadas, Zuhairah Ariff K Law (General) The Malaysian Competition Act 2010 (the CA 2010) seeks to promote the process of competition in the market by preventing anti-competitive conduct that harms to competition. However, what harms to competition is not clearly spelt out in the Act neither in its subsequent guidelines. Without a proper application of the theory of harm, the competition authority will not be able to provide a consistent approach to the assessment of the competition issues especially in determining whether or not a conduct is anti-competitive. This paper aims to analyze how and to what extent the Malaysian Competition Commission (MyCC) applies the theory of harm in the competition law analysis. The paper will first analyze the theory of harm that embodied in the competition law provisions and its guidelines and will then support the analysis with two recent cases which had been decided/proposed by the Malaysian Competition Commission (MyCC). This paper argues that there is no standard application of the theory of harm in the context of the Malaysian competition law. Harms to competition may be interpreted as harms to consumers. It may also be narrowly interpreted as harms to market mechanism and opportunity to compete, through for example unjustified exclusion of rivals from the market without an explicit proof that those conduct reduce the aggregate consumer welfare. In most situations, the issue of competitive harm is not about the interpretation but rather the issue of proof that a particular conduct really harms competition and consumers. 2015 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/43324/1/The_Theory_of_harm.pdf Abdul Rahman, Nasarudin and Ahamat, Haniff and Abd Ghadas, Zuhairah Ariff (2015) The theory of harm under the Malaysian Competition Act 2010. In: 4th International Conference on Law & Society (ICLAS IV) 2015 , 10th-11th May 2015, Auditorium, Academic Building (UniSZA), Kuala Trengganu. https://www.unisza.edu.my/iclas2015/index.php?option=com_content&view=featured
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Abdul Rahman, Nasarudin Ahamat, Haniff Abd Ghadas, Zuhairah Ariff The theory of harm under the Malaysian Competition Act 2010
description	The Malaysian Competition Act 2010 (the CA 2010) seeks to promote the process of competition in the market by preventing anti-competitive conduct that harms to competition. However, what harms to competition is not clearly spelt out in the Act neither in its subsequent guidelines. Without a proper application of the theory of harm, the competition authority will not be able to provide a consistent approach to the assessment of the competition issues especially in determining whether or not a conduct is anti-competitive. This paper aims to analyze how and to what extent the Malaysian Competition Commission (MyCC) applies the theory of harm in the competition law analysis. The paper will first analyze the theory of harm that embodied in the competition law provisions and its guidelines and will then support the analysis with two recent cases which had been decided/proposed by the Malaysian Competition Commission (MyCC). This paper argues that there is no standard application of the theory of harm in the context of the Malaysian competition law. Harms to competition may be interpreted as harms to consumers. It may also be narrowly interpreted as harms to market mechanism and opportunity to compete, through for example unjustified exclusion of rivals from the market without an explicit proof that those conduct reduce the aggregate consumer welfare. In most situations, the issue of competitive harm is not about the interpretation but rather the issue of proof that a particular conduct really harms competition and consumers.
format	Conference or Workshop Item
author	Abdul Rahman, Nasarudin Ahamat, Haniff Abd Ghadas, Zuhairah Ariff
author_facet	Abdul Rahman, Nasarudin Ahamat, Haniff Abd Ghadas, Zuhairah Ariff
author_sort	Abdul Rahman, Nasarudin
title	The theory of harm under the Malaysian Competition Act 2010
title_short	The theory of harm under the Malaysian Competition Act 2010
title_full	The theory of harm under the Malaysian Competition Act 2010
title_fullStr	The theory of harm under the Malaysian Competition Act 2010
title_full_unstemmed	The theory of harm under the Malaysian Competition Act 2010
title_sort	theory of harm under the malaysian competition act 2010
publishDate	2015
url	http://irep.iium.edu.my/43324/ http://irep.iium.edu.my/43324/ http://irep.iium.edu.my/43324/1/The_Theory_of_harm.pdf
first_indexed	2023-09-18T21:01:44Z
last_indexed	2023-09-18T21:01:44Z
_version_	1777410668738117632

The theory of harm under the Malaysian Competition Act 2010

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