Appeal decision on MAS-AirAsia case : a commentar

In 2012 the Malaysia Competition Commission (“MyCC”) took action against the biggest airlines in Malaysia, Malaysia Airlines System Bhd (“MAS”) and AirAsia Bhd for breaching the Competition Act 2010 (“CA 2010”) by entering into a market sharing arrangement. MyCC imposed a financial penalty of RM10 m...

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Main Authors: Abdul Rahman, Nasarudin, Ahamat, Haniff
Format: Article
Language:English
Published: Sweet & Maxwell, Thomson Reuters 2016
Subjects:
Online Access:http://irep.iium.edu.my/53658/
http://irep.iium.edu.my/53658/1/Law%20Review%20Article%20edit.pdf
id iium-53658
recordtype eprints
spelling iium-536582019-04-25T00:41:37Z http://irep.iium.edu.my/53658/ Appeal decision on MAS-AirAsia case : a commentar Abdul Rahman, Nasarudin Ahamat, Haniff K Law (General) In 2012 the Malaysia Competition Commission (“MyCC”) took action against the biggest airlines in Malaysia, Malaysia Airlines System Bhd (“MAS”) and AirAsia Bhd for breaching the Competition Act 2010 (“CA 2010”) by entering into a market sharing arrangement. MyCC imposed a financial penalty of RM10 million on each enterprise and the enterprises appealed against the MyCC’s decision to the Competition Appeal Tribunal (“CAT”). In 2014 the CAT issued a landmark decision in favour of the appellants and set aside the decision of the MyCC. The aim of this article is to analyse the reasons for the appeal decision and how the CAT interpreted the competition provisions embodied in the CA 2010. This paper argues among others that the CAT’s decision has a great impact on the manner in which the MyCC performs its duties especially in dealing with hardcore restrictions which fall under the “object” category. Sweet & Maxwell, Thomson Reuters 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/53658/1/Law%20Review%20Article%20edit.pdf Abdul Rahman, Nasarudin and Ahamat, Haniff (2016) Appeal decision on MAS-AirAsia case : a commentar. The Law Review, 3. pp. 415-425. ISSN 1985-0891
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
spellingShingle K Law (General)
Abdul Rahman, Nasarudin
Ahamat, Haniff
Appeal decision on MAS-AirAsia case : a commentar
description In 2012 the Malaysia Competition Commission (“MyCC”) took action against the biggest airlines in Malaysia, Malaysia Airlines System Bhd (“MAS”) and AirAsia Bhd for breaching the Competition Act 2010 (“CA 2010”) by entering into a market sharing arrangement. MyCC imposed a financial penalty of RM10 million on each enterprise and the enterprises appealed against the MyCC’s decision to the Competition Appeal Tribunal (“CAT”). In 2014 the CAT issued a landmark decision in favour of the appellants and set aside the decision of the MyCC. The aim of this article is to analyse the reasons for the appeal decision and how the CAT interpreted the competition provisions embodied in the CA 2010. This paper argues among others that the CAT’s decision has a great impact on the manner in which the MyCC performs its duties especially in dealing with hardcore restrictions which fall under the “object” category.
format Article
author Abdul Rahman, Nasarudin
Ahamat, Haniff
author_facet Abdul Rahman, Nasarudin
Ahamat, Haniff
author_sort Abdul Rahman, Nasarudin
title Appeal decision on MAS-AirAsia case : a commentar
title_short Appeal decision on MAS-AirAsia case : a commentar
title_full Appeal decision on MAS-AirAsia case : a commentar
title_fullStr Appeal decision on MAS-AirAsia case : a commentar
title_full_unstemmed Appeal decision on MAS-AirAsia case : a commentar
title_sort appeal decision on mas-airasia case : a commentar
publisher Sweet & Maxwell, Thomson Reuters
publishDate 2016
url http://irep.iium.edu.my/53658/
http://irep.iium.edu.my/53658/1/Law%20Review%20Article%20edit.pdf
first_indexed 2023-09-18T21:15:53Z
last_indexed 2023-09-18T21:15:53Z
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