The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah

Competition law (CL) prevents anti-competitive conducts but does not ensure fair competition or level playing field with respect to State-Owned enterprises (SOEs). Hence, the principle of competitive neutrality promotes that government related business activities in competition with the private sect...

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Main Author:	Kanni Ramaiah, Angayar
Format:	Article
Language:	English
Published:	Faculty of Business and Management ; UiTM Press 2018
Subjects:	Information technology. Information economy. Knowledge economy. Digital divide
Online Access:	http://ir.uitm.edu.my/id/eprint/23201/ http://ir.uitm.edu.my/id/eprint/23201/ http://ir.uitm.edu.my/id/eprint/23201/1/AJ_ANGAYAR%20KANNI%20RAMAJAH%20JIBE%20B%2018.pdf.pdf

id	uitm-23201
recordtype	eprints
spelling	uitm-232012019-02-25T02:31:00Z http://ir.uitm.edu.my/id/eprint/23201/ The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah Kanni Ramaiah, Angayar Information technology. Information economy. Knowledge economy. Digital divide Competition law (CL) prevents anti-competitive conducts but does not ensure fair competition or level playing field with respect to State-Owned enterprises (SOEs). Hence, the principle of competitive neutrality promotes that government related business activities in competition with the private sector should not have a competitive advantage or disadvantage simply by virtue of government ownership and control (UNCTAD). Therefore, specific policies and legal rules is essential for achieving competitive neutrality. The Malaysian, Competition Act 2010 (CA2010) subjectively restricts and excludes some government linked enterprises. However, the some economic or, legal policy and political reasons limits CLs applicability and dictates its scope subjectively. In these context exemptions, de facto or de jure, direct or indirect state aid and restrictive licensing requirements impairs competition to benefit the domestic economy or national champion. This practice impacts the true spirit of market competition among rivals. Although Malaysian SOEs recognised as government’s toolbox for societal and public value creation but its future should to be more actively owned and managed to avoid competing unfairly on enterprises that can deliver more efficiently and effectively the goods and services that citizens need and want. In this context, three principal questions from the international trade perspective is analysed on (1) How important is state ownership within Malaysian context (2) What types of advantages should be granted to SOEs (or disadvantages afflicting them) and (3) What policies required to enhance effective competition among all market participants? The paper reviews the state of SOE with respect to exemptions and exclusions policy with respect to governance, independent decision-making, accountability and disclosure policy to improvise the level playing scope between SOE and private sector within the competition law perspective in Malaysia. Faculty of Business and Management ; UiTM Press 2018-12 Article PeerReviewed text en http://ir.uitm.edu.my/id/eprint/23201/1/AJ_ANGAYAR%20KANNI%20RAMAJAH%20JIBE%20B%2018.pdf.pdf Kanni Ramaiah, Angayar (2018) The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah. Journal of International Business, Economics and Entrepreneurship (JIBE), 3 (2). pp. 45-54. ISSN 2550-1429 (Submitted) https://jibe.uitm.edu.my/
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	Information technology. Information economy. Knowledge economy. Digital divide
spellingShingle	Information technology. Information economy. Knowledge economy. Digital divide Kanni Ramaiah, Angayar The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah
description	Competition law (CL) prevents anti-competitive conducts but does not ensure fair competition or level playing field with respect to State-Owned enterprises (SOEs). Hence, the principle of competitive neutrality promotes that government related business activities in competition with the private sector should not have a competitive advantage or disadvantage simply by virtue of government ownership and control (UNCTAD). Therefore, specific policies and legal rules is essential for achieving competitive neutrality. The Malaysian, Competition Act 2010 (CA2010) subjectively restricts and excludes some government linked enterprises. However, the some economic or, legal policy and political reasons limits CLs applicability and dictates its scope subjectively. In these context exemptions, de facto or de jure, direct or indirect state aid and restrictive licensing requirements impairs competition to benefit the domestic economy or national champion. This practice impacts the true spirit of market competition among rivals. Although Malaysian SOEs recognised as government’s toolbox for societal and public value creation but its future should to be more actively owned and managed to avoid competing unfairly on enterprises that can deliver more efficiently and effectively the goods and services that citizens need and want. In this context, three principal questions from the international trade perspective is analysed on (1) How important is state ownership within Malaysian context (2) What types of advantages should be granted to SOEs (or disadvantages afflicting them) and (3) What policies required to enhance effective competition among all market participants? The paper reviews the state of SOE with respect to exemptions and exclusions policy with respect to governance, independent decision-making, accountability and disclosure policy to improvise the level playing scope between SOE and private sector within the competition law perspective in Malaysia.
format	Article
author	Kanni Ramaiah, Angayar
author_facet	Kanni Ramaiah, Angayar
author_sort	Kanni Ramaiah, Angayar
title	The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah
title_short	The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah
title_full	The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah
title_fullStr	The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah
title_full_unstemmed	The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah
title_sort	competition neutrality in malaysia: challenges and policy options / angayar kanni ramaiah
publisher	Faculty of Business and Management ; UiTM Press
publishDate	2018
url	http://ir.uitm.edu.my/id/eprint/23201/ http://ir.uitm.edu.my/id/eprint/23201/ http://ir.uitm.edu.my/id/eprint/23201/1/AJ_ANGAYAR%20KANNI%20RAMAJAH%20JIBE%20B%2018.pdf.pdf
first_indexed	2023-09-18T23:10:16Z
last_indexed	2023-09-18T23:10:16Z
_version_	1777418755807117312

The Competition Neutrality in Malaysia: Challenges and Policy Options / Angayar Kanni Ramaiah

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