Regulating competition in the Malaysian telecommunication sector: a need for a new approach?

The objective of a competition law is to protect the process of competition between firms in the market by preventing any anti-competitive behaviour such as cartel, abuse of dominant position and mergers that have the effect of lessening competition. However, it is often argued that network industri...

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Main Authors:	Abdul Rahman, Nasarudin, Abdul Jalil, Juriah, Ahamat, Haniff
Format:	Conference or Workshop Item
Language:	English English
Published:	2013
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/34773/ http://irep.iium.edu.my/34773/ http://irep.iium.edu.my/34773/4/Regulating_Competition_in_the_Malaysian_Telecommunication.pdf http://irep.iium.edu.my/34773/2/Telco_2.pdf

id	iium-34773
recordtype	eprints
spelling	iium-347732014-02-10T18:01:41Z http://irep.iium.edu.my/34773/ Regulating competition in the Malaysian telecommunication sector: a need for a new approach? Abdul Rahman, Nasarudin Abdul Jalil, Juriah Ahamat, Haniff K Law (General) The objective of a competition law is to protect the process of competition between firms in the market by preventing any anti-competitive behaviour such as cartel, abuse of dominant position and mergers that have the effect of lessening competition. However, it is often argued that network industries such as telecommunication should be excluded from the application of the generic competition law, as it has particular characteristic such as natural monopoly, the existence of high entry barriers and absence of effective competition in the market which requires continuous monitoring of the market in the form of access regulation and price control. In Malaysia, telecommunications sector is regulated by the Malaysian Communications and Multimedia Commission whose duty is to enforce sector specific regulation embodied in the Communications and Multimedia Act 1998. For this reason, the newly enacted Competition Act 2010 expressly excluded this sector from the ambit of the law. This paper aims to analyze the existing regulatory and institutional framework overseeing competition in the Malaysian telecommunications sector. The main focus of this paper is to analyze the manner in which competition is pursued through specific sector regulation and whether specific rules on competition are effectively and rigorously enforced. This paper then explains the benefits that will arise from the application of the generic competition law to the telecommunication sector and from increasing the role of the competition authority to regulate the same. 2013 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/34773/4/Regulating_Competition_in_the_Malaysian_Telecommunication.pdf application/pdf en http://irep.iium.edu.my/34773/2/Telco_2.pdf Abdul Rahman, Nasarudin and Abdul Jalil, Juriah and Ahamat, Haniff (2013) Regulating competition in the Malaysian telecommunication sector: a need for a new approach? In: 4th International Private Law Conference , 11-15 November 2013, Bangkok, Thailand. (Unpublished) http://www.lspi.net/authors_NR.html#Rahman
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Abdul Rahman, Nasarudin Abdul Jalil, Juriah Ahamat, Haniff Regulating competition in the Malaysian telecommunication sector: a need for a new approach?
description	The objective of a competition law is to protect the process of competition between firms in the market by preventing any anti-competitive behaviour such as cartel, abuse of dominant position and mergers that have the effect of lessening competition. However, it is often argued that network industries such as telecommunication should be excluded from the application of the generic competition law, as it has particular characteristic such as natural monopoly, the existence of high entry barriers and absence of effective competition in the market which requires continuous monitoring of the market in the form of access regulation and price control. In Malaysia, telecommunications sector is regulated by the Malaysian Communications and Multimedia Commission whose duty is to enforce sector specific regulation embodied in the Communications and Multimedia Act 1998. For this reason, the newly enacted Competition Act 2010 expressly excluded this sector from the ambit of the law. This paper aims to analyze the existing regulatory and institutional framework overseeing competition in the Malaysian telecommunications sector. The main focus of this paper is to analyze the manner in which competition is pursued through specific sector regulation and whether specific rules on competition are effectively and rigorously enforced. This paper then explains the benefits that will arise from the application of the generic competition law to the telecommunication sector and from increasing the role of the competition authority to regulate the same.
format	Conference or Workshop Item
author	Abdul Rahman, Nasarudin Abdul Jalil, Juriah Ahamat, Haniff
author_facet	Abdul Rahman, Nasarudin Abdul Jalil, Juriah Ahamat, Haniff
author_sort	Abdul Rahman, Nasarudin
title	Regulating competition in the Malaysian telecommunication sector: a need for a new approach?
title_short	Regulating competition in the Malaysian telecommunication sector: a need for a new approach?
title_full	Regulating competition in the Malaysian telecommunication sector: a need for a new approach?
title_fullStr	Regulating competition in the Malaysian telecommunication sector: a need for a new approach?
title_full_unstemmed	Regulating competition in the Malaysian telecommunication sector: a need for a new approach?
title_sort	regulating competition in the malaysian telecommunication sector: a need for a new approach?
publishDate	2013
url	http://irep.iium.edu.my/34773/ http://irep.iium.edu.my/34773/ http://irep.iium.edu.my/34773/4/Regulating_Competition_in_the_Malaysian_Telecommunication.pdf http://irep.iium.edu.my/34773/2/Telco_2.pdf
first_indexed	2023-09-18T20:50:02Z
last_indexed	2023-09-18T20:50:02Z
_version_	1777409932302221312

Regulating competition in the Malaysian telecommunication sector: a need for a new approach?

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