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...

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Main Authors:	Ahamat, Haniff, Abdul Rahman, Nasarudin, Mohamed, Abdul Majid Hafiz
Format:	Article
Language:	English English
Published:	UPM Press 2015
Subjects:	K Law (General) KPG Malaysia
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

id	iium-51356
recordtype	eprints
spelling	iium-513562017-08-14T01:52:55Z http://irep.iium.edu.my/51356/ Competition law and affirmative action in Malaysia: complementarity or conflict? Ahamat, Haniff Abdul Rahman, Nasarudin Mohamed, Abdul Majid Hafiz K Law (General) KPG Malaysia 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. UPM Press 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/51356/1/02_JSSH_Vol_23_%28S%29_Nov_2015_pg13-26.pdf application/pdf en http://irep.iium.edu.my/51356/4/51356_competition%20law_scopus.pdf Ahamat, Haniff and Abdul Rahman, Nasarudin and Mohamed, Abdul Majid Hafiz (2015) Competition law and affirmative action in Malaysia: complementarity or conflict? Pertanika Journal of Social Science & Humanities, 23 (S). pp. 13-26. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20(S)%20Nov.%202015/02%20JSSH%20Vol%2023%20(S)%20Nov%202015_pg13-26.pdf
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) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Ahamat, Haniff Abdul Rahman, Nasarudin Mohamed, Abdul Majid Hafiz 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 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.
format	Article
author	Ahamat, Haniff Abdul Rahman, Nasarudin Mohamed, Abdul Majid Hafiz
author_facet	Ahamat, Haniff Abdul Rahman, Nasarudin Mohamed, Abdul Majid Hafiz
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?
publisher	UPM Press
publishDate	2015
url	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
first_indexed	2023-09-18T21:12:41Z
last_indexed	2023-09-18T21:12:41Z
_version_	1777411357994385408

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

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