State-owned enterprises, market competition and the boundaries of competition law in Malaysia

This article examines the challenges and opportunities of subjecting Malaysian State-Owned Enterprises (SOEs) to its main competition legislation that is the Competition Act 2010. This article first highlights the nature of economic activities which is a crucial element in determining that an SOE ac...

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Main Authors:	Ahamat, Haniff, Abdul Rahman, Nasarudin
Format:	Article
Language:	English English
Published:	UKM Press 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/61551/ http://irep.iium.edu.my/61551/ http://irep.iium.edu.my/61551/1/Article%20Journal%20Pengurusan%20-%20State%20Owned%20Enterprise%20Market%20Competition%20and%20the%20Boundaries%20of%20Competition%20Law%20in%20Malaysia.pdf http://irep.iium.edu.my/61551/7/61551_State-owned%20enterprises.pdf

id	iium-61551
recordtype	eprints
spelling	iium-615512019-06-24T00:50:14Z http://irep.iium.edu.my/61551/ State-owned enterprises, market competition and the boundaries of competition law in Malaysia Ahamat, Haniff Abdul Rahman, Nasarudin K Law (General) This article examines the challenges and opportunities of subjecting Malaysian State-Owned Enterprises (SOEs) to its main competition legislation that is the Competition Act 2010. This article first highlights the nature of economic activities which is a crucial element in determining that an SOE actually participates in the market. Despite the contentions that SOEs have a unique character, and should be excluded from normal regulation of competition, this article argues that competition law is important in addressing the problems brought about by Government or State’s involvements in businesses. This article finds that while the Competition Act 2010 does not apply a blanket exemption to SOEs, there are many hurdles in applying the law to them. Based on the literature analysis in the earlier part of this article, this article finds that some of these hurdles are justified especially if they are connected to the notion of natural monopoly. Where there are not connected, extending the check and balance mechanisms against the market activities of the SOEs will be crucial. This article shows that the avenues to realise it still exist but are limited. UKM Press 2017 Article PeerReviewed application/pdf en http://irep.iium.edu.my/61551/1/Article%20Journal%20Pengurusan%20-%20State%20Owned%20Enterprise%20Market%20Competition%20and%20the%20Boundaries%20of%20Competition%20Law%20in%20Malaysia.pdf application/pdf en http://irep.iium.edu.my/61551/7/61551_State-owned%20enterprises.pdf Ahamat, Haniff and Abdul Rahman, Nasarudin (2017) State-owned enterprises, market competition and the boundaries of competition law in Malaysia. Jurnal Pengurusan, 51. pp. 1-15. ISSN 0127-2713 http://ejournals.ukm.my/pengurusan/article/view/22791
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Ahamat, Haniff Abdul Rahman, Nasarudin State-owned enterprises, market competition and the boundaries of competition law in Malaysia
description	This article examines the challenges and opportunities of subjecting Malaysian State-Owned Enterprises (SOEs) to its main competition legislation that is the Competition Act 2010. This article first highlights the nature of economic activities which is a crucial element in determining that an SOE actually participates in the market. Despite the contentions that SOEs have a unique character, and should be excluded from normal regulation of competition, this article argues that competition law is important in addressing the problems brought about by Government or State’s involvements in businesses. This article finds that while the Competition Act 2010 does not apply a blanket exemption to SOEs, there are many hurdles in applying the law to them. Based on the literature analysis in the earlier part of this article, this article finds that some of these hurdles are justified especially if they are connected to the notion of natural monopoly. Where there are not connected, extending the check and balance mechanisms against the market activities of the SOEs will be crucial. This article shows that the avenues to realise it still exist but are limited.
format	Article
author	Ahamat, Haniff Abdul Rahman, Nasarudin
author_facet	Ahamat, Haniff Abdul Rahman, Nasarudin
author_sort	Ahamat, Haniff
title	State-owned enterprises, market competition and the boundaries of competition law in Malaysia
title_short	State-owned enterprises, market competition and the boundaries of competition law in Malaysia
title_full	State-owned enterprises, market competition and the boundaries of competition law in Malaysia
title_fullStr	State-owned enterprises, market competition and the boundaries of competition law in Malaysia
title_full_unstemmed	State-owned enterprises, market competition and the boundaries of competition law in Malaysia
title_sort	state-owned enterprises, market competition and the boundaries of competition law in malaysia
publisher	UKM Press
publishDate	2017
url	http://irep.iium.edu.my/61551/ http://irep.iium.edu.my/61551/ http://irep.iium.edu.my/61551/1/Article%20Journal%20Pengurusan%20-%20State%20Owned%20Enterprise%20Market%20Competition%20and%20the%20Boundaries%20of%20Competition%20Law%20in%20Malaysia.pdf http://irep.iium.edu.my/61551/7/61551_State-owned%20enterprises.pdf
first_indexed	2023-09-18T21:27:18Z
last_indexed	2023-09-18T21:27:18Z
_version_	1777412277758066688

State-owned enterprises, market competition and the boundaries of competition law in Malaysia

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