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Legal transplant: Giving life to Malaysia’s competition regime
Cheong, May Fong Teoh, Joshua Beni Chris Khoo, Esther Li Ean
Cheong, May Fong
Teoh, Joshua Beni Chris
Khoo, Esther Li Ean
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.
Keywords
Date
2020
Type
Book chapter
Journal
Book
Research Handbook on Asian Competition Law
Volume
Issue
Page Range
181-208
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
Collections
Relation URI
Source URL
Event URL
Open Access Status
License
File Access
Controlled