The theory of harm under the Malaysian competition Act 2010

The Malaysian Competition Act 2010 (CA 2010) seeks to promote the process of competition in the market by preventing anti-competitive conduct that harms competition. However, ‘harm to competition’ is not clearly defined in the Act and neither are its subsequent guidelines. Without proper application...

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Main Authors:	Abdul Rahman, Nasarudin, Haniff, Ahamat, Zuhairah Ariff, Abdul Ghadas
Format:	Article
Language:	English English
Published:	Universiti Putra Malaysia Press 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/59971/ http://irep.iium.edu.my/59971/ http://irep.iium.edu.my/59971/1/The%20Theory%20of%20Harm%20under%20the%20Malaysian%20Competition%20Act%202010.pdf http://irep.iium.edu.my/59971/7/59971-The%20theory%20of%20harm%20under%20the%20Malaysian%20competition%20Act%202010.pdf

id	iium-59971
recordtype	eprints
spelling	iium-599712018-03-22T09:27:59Z http://irep.iium.edu.my/59971/ The theory of harm under the Malaysian competition Act 2010 Abdul Rahman, Nasarudin Haniff, Ahamat Zuhairah Ariff, Abdul Ghadas K Law (General) The Malaysian Competition Act 2010 (CA 2010) seeks to promote the process of competition in the market by preventing anti-competitive conduct that harms competition. However, ‘harm to competition’ is not clearly defined in the Act and neither are its subsequent guidelines. Without proper application of the theory of harm, the competition authority will not be able to provide a consistent approach to the assessment of the competition issues especially in determining whether or not a conduct is anti-competitive. This paper aims to analyse how and to what extent the Malaysian Competition Commission (MyCC) applies the theory of harm in competition law analysis. This paper argues that there is no standard definition of what ‘harm to competition’ means in the context of Malaysian competition law. ‘Harm to competition’ may be interpreted as harm to the competitive process and consumers (final consumers). It may also be narrowly interpreted as harm to market mechanism or the ability to compete, through, for example, unjustified exclusion of rivals from the market without the need to prove that conduct was harmful i.e. reduced aggregate consumer welfare. In most situations, the issue of competitive harm is not about interpretation but rather of proof that a particular conduct really harmed competition and consumers Universiti Putra Malaysia Press 2017-03 Article PeerReviewed application/pdf en http://irep.iium.edu.my/59971/1/The%20Theory%20of%20Harm%20under%20the%20Malaysian%20Competition%20Act%202010.pdf application/pdf en http://irep.iium.edu.my/59971/7/59971-The%20theory%20of%20harm%20under%20the%20Malaysian%20competition%20Act%202010.pdf Abdul Rahman, Nasarudin and Haniff, Ahamat and Zuhairah Ariff, Abdul Ghadas (2017) The theory of harm under the Malaysian competition Act 2010. Pertanika Journal of Social Science and Humanities, 25 (Special Issue). pp. 155-166. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2025%20(S)%20Mar.%202017/15%20JSSH(S)-0405-2016-3rdProof.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)
spellingShingle	K Law (General) Abdul Rahman, Nasarudin Haniff, Ahamat Zuhairah Ariff, Abdul Ghadas The theory of harm under the Malaysian competition Act 2010
description	The Malaysian Competition Act 2010 (CA 2010) seeks to promote the process of competition in the market by preventing anti-competitive conduct that harms competition. However, ‘harm to competition’ is not clearly defined in the Act and neither are its subsequent guidelines. Without proper application of the theory of harm, the competition authority will not be able to provide a consistent approach to the assessment of the competition issues especially in determining whether or not a conduct is anti-competitive. This paper aims to analyse how and to what extent the Malaysian Competition Commission (MyCC) applies the theory of harm in competition law analysis. This paper argues that there is no standard definition of what ‘harm to competition’ means in the context of Malaysian competition law. ‘Harm to competition’ may be interpreted as harm to the competitive process and consumers (final consumers). It may also be narrowly interpreted as harm to market mechanism or the ability to compete, through, for example, unjustified exclusion of rivals from the market without the need to prove that conduct was harmful i.e. reduced aggregate consumer welfare. In most situations, the issue of competitive harm is not about interpretation but rather of proof that a particular conduct really harmed competition and consumers
format	Article
author	Abdul Rahman, Nasarudin Haniff, Ahamat Zuhairah Ariff, Abdul Ghadas
author_facet	Abdul Rahman, Nasarudin Haniff, Ahamat Zuhairah Ariff, Abdul Ghadas
author_sort	Abdul Rahman, Nasarudin
title	The theory of harm under the Malaysian competition Act 2010
title_short	The theory of harm under the Malaysian competition Act 2010
title_full	The theory of harm under the Malaysian competition Act 2010
title_fullStr	The theory of harm under the Malaysian competition Act 2010
title_full_unstemmed	The theory of harm under the Malaysian competition Act 2010
title_sort	theory of harm under the malaysian competition act 2010
publisher	Universiti Putra Malaysia Press
publishDate	2017
url	http://irep.iium.edu.my/59971/ http://irep.iium.edu.my/59971/ http://irep.iium.edu.my/59971/1/The%20Theory%20of%20Harm%20under%20the%20Malaysian%20Competition%20Act%202010.pdf http://irep.iium.edu.my/59971/7/59971-The%20theory%20of%20harm%20under%20the%20Malaysian%20competition%20Act%202010.pdf
first_indexed	2023-09-18T21:25:00Z
last_indexed	2023-09-18T21:25:00Z
_version_	1777412132679188480

The theory of harm under the Malaysian competition Act 2010

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