Defining 'governmental authority' in the Malaysian competition act 2010: a quest for objectivity
This paper examines the concept of governmental authority, which serves as one of the grounds for excluding the application of the Malaysian Competition Act 2010. This concept is not defined in the 2010 Act. Thus, this paper explores the methods that help determine that an activity is government...
| Main Authors: | , |
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| Format: | Article |
| Language: | English English English |
| Published: |
Inderscience Publishers
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/44067/ http://irep.iium.edu.my/44067/ http://irep.iium.edu.my/44067/1/IJPLAP050205_AHAMAT_%282%29.pdf http://irep.iium.edu.my/44067/2/20150730122724773.tif http://irep.iium.edu.my/44067/8/44067_defining%20governmental%20authority_scopus.pdf |
| Summary: | This paper examines the concept of governmental authority, which
serves as one of the grounds for excluding the application of the Malaysian
Competition Act 2010. This concept is not defined in the 2010 Act. Thus,
this paper explores the methods that help determine that an activity is
governmental; hence, that it is subject to the Malaysian competition legislation.
The methods identified so far are: 1) the existing definition of ‘governmental
authority’ in competition legislation in selected jurisdictions including the EU;
2) the definition of governmental authority under the World Trade Organization
(WTO)’s General Agreement on Trade in Services (GATS); 3) the definition of
governmental acts in the context of state immunity under international law.
This paper hypothesises that the term governmental authority lacks an
established definition at the moment but it has clearly demarcated paradigms
that may allow meaning to be given in an objective way despite the need to
give attention to the unique political, economic and social environments in
Malaysia |
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