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...

Full description

Bibliographic Details
Main Authors:	Ahamat, Haniff, Abdul Rahman, Nasarudin
Format:	Conference or Workshop Item
Language:	English
Published:	2015
Subjects:	HT Communities. Classes. Races K Law (General)
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

id	iium-43058
recordtype	eprints
spelling	iium-430582016-05-24T01:36:34Z http://irep.iium.edu.my/43058/ Competition law and affirmative action in Malaysia: complementarity or conflict? Ahamat, Haniff Abdul Rahman, Nasarudin HT Communities. Classes. Races K Law (General) 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. 2015 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/43058/1/Competition_law_and_affirmative_action_in_Malaysia.pdf Ahamat, Haniff and Abdul Rahman, Nasarudin (2015) Competition law and affirmative action in Malaysia: complementarity or conflict? In: 4th International Conference on Law & Society (ICLAS IV) 2015 , 10th-11th May 2015, Auditorium, Academic Building (UniSZA), Kuala Trengganu. https://www.unisza.edu.my/iclas2015/index.php?option=com_content&view=featured
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	HT Communities. Classes. Races K Law (General)
spellingShingle	HT Communities. Classes. Races K Law (General) Ahamat, Haniff Abdul Rahman, Nasarudin Competition law and affirmative action in Malaysia: complementarity or conflict?
description	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.
format	Conference or Workshop Item
author	Ahamat, Haniff Abdul Rahman, Nasarudin
author_facet	Ahamat, Haniff Abdul Rahman, Nasarudin
author_sort	Ahamat, Haniff
title	Competition law and affirmative action in Malaysia: complementarity or conflict?
title_short	Competition law and affirmative action in Malaysia: complementarity or conflict?
title_full	Competition law and affirmative action in Malaysia: complementarity or conflict?
title_fullStr	Competition law and affirmative action in Malaysia: complementarity or conflict?
title_full_unstemmed	Competition law and affirmative action in Malaysia: complementarity or conflict?
title_sort	competition law and affirmative action in malaysia: complementarity or conflict?
publishDate	2015
url	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
first_indexed	2023-09-18T21:01:19Z
last_indexed	2023-09-18T21:01:19Z
_version_	1777410643021791232

Competition law and affirmative action in Malaysia: complementarity or conflict?

Similar Items