Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia?

Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia?

The role of competition law is to protect the process of competition among firm in the market by prohibiting anti-competitive behaviours such as Cartel and abuse of dominant position. It provides a level playing field between firms to compete openly in the market. However, it is often argued that...

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Main Authors: Abdul Rahman, Nasarudin, Ariff Abdul Ghadas, Zuhairah, Hassan, Halyani, Ahamat, Haniff
Format: Article
Language:English
Published: Kuala Lumpur, International Business, Economics and Law Conference 2013
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/34755/
http://irep.iium.edu.my/34755/
http://irep.iium.edu.my/34755/1/DR-NASARUDINASSOC-PROF-DR-ZUHAIRAH-DR-HALYANI-COMPETITION-LAW-AND-THE-SMES-DOES-THE-COMPETITION-ACT-2010-PROMOTE-OR-HINDER-THE-DEVELOPMENT-OF-THE-SMES.pdf
id iium-34755
recordtype eprints
spelling iium-347552016-10-20T04:14:40Z http://irep.iium.edu.my/34755/ Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia? Abdul Rahman, Nasarudin Ariff Abdul Ghadas, Zuhairah Hassan, Halyani Ahamat, Haniff K Law (General) The role of competition law is to protect the process of competition among firm in the market by prohibiting anti-competitive behaviours such as Cartel and abuse of dominant position. It provides a level playing field between firms to compete openly in the market. However, it is often argued that by promoting open competition, competition law gives large firms with large capital and resources and more advance technology a competitive advantage vis-à-vis small and medium firms. This forces the smaller firms out of the market due to the inability to compete with the larger competitors. This paper will analyze the legal provisions regulating competition in the market by virtue of the Competition Act 2010. This paper will then analyze to what extent the law promotes the interest of small and medium firms. This paper argues that the competition law protects rather than hinders the development of SMEs in Malaysia. For example, the provisions on dominant position and abuse thereof give the power to the competition commission to prevent large firms from taking advantage of their market power to the detriment of consumers and smaller firms. However, competition law should not be used to protect inefficient and weak competitors and should not punish larger firms just because they are more efficient than the smaller firms. The law only controls the conducts that affect the process of competition and the smaller firms may benefit naturally from this protection. Kuala Lumpur, International Business, Economics and Law Conference 2013-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/34755/1/DR-NASARUDINASSOC-PROF-DR-ZUHAIRAH-DR-HALYANI-COMPETITION-LAW-AND-THE-SMES-DOES-THE-COMPETITION-ACT-2010-PROMOTE-OR-HINDER-THE-DEVELOPMENT-OF-THE-SMES.pdf Abdul Rahman, Nasarudin and Ariff Abdul Ghadas, Zuhairah and Hassan, Halyani and Ahamat, Haniff (2013) Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia? South East Asia Journal of Contemporary Business, Economics and Law, 2 (3). pp. 12-20. ISSN 2289-1560 http://klibel.com/journal-publications/seajbel-vol-2-issue-3/
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
spellingShingle K Law (General)
Abdul Rahman, Nasarudin
Ariff Abdul Ghadas, Zuhairah
Hassan, Halyani
Ahamat, Haniff
Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia?
description The role of competition law is to protect the process of competition among firm in the market by prohibiting anti-competitive behaviours such as Cartel and abuse of dominant position. It provides a level playing field between firms to compete openly in the market. However, it is often argued that by promoting open competition, competition law gives large firms with large capital and resources and more advance technology a competitive advantage vis-à-vis small and medium firms. This forces the smaller firms out of the market due to the inability to compete with the larger competitors. This paper will analyze the legal provisions regulating competition in the market by virtue of the Competition Act 2010. This paper will then analyze to what extent the law promotes the interest of small and medium firms. This paper argues that the competition law protects rather than hinders the development of SMEs in Malaysia. For example, the provisions on dominant position and abuse thereof give the power to the competition commission to prevent large firms from taking advantage of their market power to the detriment of consumers and smaller firms. However, competition law should not be used to protect inefficient and weak competitors and should not punish larger firms just because they are more efficient than the smaller firms. The law only controls the conducts that affect the process of competition and the smaller firms may benefit naturally from this protection.
format Article
author Abdul Rahman, Nasarudin
Ariff Abdul Ghadas, Zuhairah
Hassan, Halyani
Ahamat, Haniff
author_facet Abdul Rahman, Nasarudin
Ariff Abdul Ghadas, Zuhairah
Hassan, Halyani
Ahamat, Haniff
author_sort Abdul Rahman, Nasarudin
title Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia?
title_short Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia?
title_full Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia?
title_fullStr Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia?
title_full_unstemmed Competition law and the SMEs: does the Competition Act 2010 promote or hinder the development of the SMEs in Malaysia?
title_sort competition law and the smes: does the competition act 2010 promote or hinder the development of the smes in malaysia?
publisher Kuala Lumpur, International Business, Economics and Law Conference
publishDate 2013
url http://irep.iium.edu.my/34755/
http://irep.iium.edu.my/34755/
http://irep.iium.edu.my/34755/1/DR-NASARUDINASSOC-PROF-DR-ZUHAIRAH-DR-HALYANI-COMPETITION-LAW-AND-THE-SMES-DOES-THE-COMPETITION-ACT-2010-PROMOTE-OR-HINDER-THE-DEVELOPMENT-OF-THE-SMES.pdf
first_indexed 2023-09-18T20:50:00Z
last_indexed 2023-09-18T20:50:00Z
_version_ 1777409930817437696

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