Competition law and affirmative action in Malaysia: complementarity or conflict?
This paper examines the interface between competition law and affirmative action in Malaysia. It analyses the different goals of competition law and explains how the law may accommodate affirmative action whose policies have been implemented in Malaysia in various forms including the National Econom...
| Main Authors: | , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/43058/ http://irep.iium.edu.my/43058/ http://irep.iium.edu.my/43058/1/Competition_law_and_affirmative_action_in_Malaysia.pdf |
| Summary: | This paper examines the interface between competition law and affirmative action in Malaysia. It analyses the different goals of competition law and explains how the law may accommodate affirmative action whose policies have been implemented in Malaysia in various forms including the National Economic Policy (NEP). This paper finds that the Malaysian competition legislative enactment that is the Competition Act 2010 does not make any explicit reference to Malaysia’s race-based affirmative action (the pro-Bumiputera) policies. Based on an analysis of the existing provisions of the Competition Act 2010 (the CA 2010), this paper finds that Chapters 1 and 2 prohibitions can be used against `ethnic cartels’ which have the effect of preventing Bumiputera enterprises from participating in the market. This is done by allowing the CA 2010 to open the market to those enterprises providing them the opportunity to participate in all levels of production chain and ending the period where they have to crowd into the least profitable level. |
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