Legal transplant: Giving life to Malaysia’s competition regime

Book chapter

Cheong, May Fong, Teoh, Joshua Beni Chris and Khoo, Esther Li Ean. (2020). Legal transplant: Giving life to Malaysia’s competition regime. In In S. Van Uytsel, S. Hayashi and J. O. Haley (Ed.). Research Handbook on Asian Competition Law pp. 181 - 208 Edward Elgar Publishing. https://doi.org/10.4337/9781785361838.00024
AuthorsCheong, May Fong, Teoh, Joshua Beni Chris and Khoo, Esther Li Ean
EditorsS. Van Uytsel, S. Hayashi and J. O. Haley
Abstract

The idea of borrowing from foreign legal concepts is not new to East Asian states, including Malaysia. Despite being common law based, interestingly, Malaysia adopted European competition rules in its Competition Act 2010. Following the legal transplant theory, there was an informed transfer to adapt the transplanted law to local conditions, with the two key Malaysian prohibitions on anticompetitive agreement and abuse of dominance mirroring the principles in Articles 101 and 102 of the Treaty of the Functioning of the European Union. The Malaysian Competition Act has more broadly stated objectives to meet specific sociopolitical and economic challenges, and bid rigging is expressly included in the regime. The Malaysian Competition Commission and the Competition Appeal Tribunal provide the institutional structure enabling the enforcement of significant cases, notably the MAS and AirAsia case, setting important precedents for Malaysian competition law.

Page range181 - 208
Year2020
Book titleResearch Handbook on Asian Competition Law
PublisherEdward Elgar Publishing
Place of publicationUnited Kingdom
SeriesResearch Handbooks in Competition Law
ISBN9781785361821
Digital Object Identifier (DOI)https://doi.org/10.4337/9781785361838.00024
Research GroupThomas More Law School
Publisher's version
File Access Level
Controlled
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