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
Authors | Cheong, May Fong, Teoh, Joshua Beni Chris and Khoo, Esther Li Ean |
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Editors | S. 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 range | 181 - 208 |
Year | 2020 |
Book title | Research Handbook on Asian Competition Law |
Publisher | Edward Elgar Publishing |
Place of publication | United Kingdom |
Series | Research Handbooks in Competition Law |
ISBN | 9781785361821 |
Digital Object Identifier (DOI) | https://doi.org/10.4337/9781785361838.00024 |
Research Group | Thomas More Law School |
Publisher's version | File Access Level Controlled |
https://acuresearchbank.acu.edu.au/item/8qw38/legal-transplant-giving-life-to-malaysia-s-competition-regime
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