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 that may accommodate Malaysia’s race-based affirmative action programme (or also known as the pro-Bumiputera policies) introduced via t...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English English |
| Published: |
UPM Press
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/51356/ http://irep.iium.edu.my/51356/ http://irep.iium.edu.my/51356/1/02_JSSH_Vol_23_%28S%29_Nov_2015_pg13-26.pdf http://irep.iium.edu.my/51356/4/51356_competition%20law_scopus.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 that may
accommodate Malaysia’s race-based affirmative action programme (or also known as the
pro-Bumiputera policies) introduced via the New Economic Policy (NEP) post 1969 racial
riot and adopted in 1971. This paper finds Malaysian competition legislative enactment, that
is the Competition Act 2010 (CA 2010), does not make any explicit reference to Malaysia’s
affirmative policies. Based on an analysis of the existing provisions of 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 by allowing the CA 2010 to open up the market to those enterprises providing them
the opportunity to participate at all levels of production chain and putting an end to the
phenomenon that they have to crowd into the least profitable level. |
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