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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 applicat...

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Main Authors: Zuhairah Ariff, Abd Ghadas, Nasarudin, Abdul Rahman, Haniff, Ahamat
Format: Conference or Workshop Item
Language:English
English
English
Published: 2017
Subjects:
K Law (General)
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spelling my-unisza-ir.16952020-11-19T08:07:06Z http://eprints.unisza.edu.my/1695/ The Theory Of Harm Under The Malaysian Competition Act 2010 Zuhairah Ariff, Abd Ghadas Nasarudin, Abdul Rahman Haniff, Ahamat 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. 2017 Conference or Workshop Item PeerReviewed image en http://eprints.unisza.edu.my/1695/1/FH03-FUHA-17-11962.jpg image en http://eprints.unisza.edu.my/1695/2/FH03-FLAIR-16-05239.jpg image en http://eprints.unisza.edu.my/1695/3/FH03-FUHA-17-11961.jpg Zuhairah Ariff, Abd Ghadas and Nasarudin, Abdul Rahman and Haniff, Ahamat (2017) The Theory Of Harm Under The Malaysian Competition Act 2010. In: 4th International Conference on Law and Society ICLAS IV, 10-11 May 2015, UniSZA.
institution Universiti Sultan Zainal Abidin
building UNISZA Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Sultan Zainal Abidin
content_source UNISZA Institutional Repository
url_provider https://eprints.unisza.edu.my/
language English
English
English
topic K Law (General)
spellingShingle K Law (General)
Zuhairah Ariff, Abd Ghadas
Nasarudin, Abdul Rahman
Haniff, Ahamat
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 Conference or Workshop Item
author Zuhairah Ariff, Abd Ghadas
Nasarudin, Abdul Rahman
Haniff, Ahamat
author_facet Zuhairah Ariff, Abd Ghadas
Nasarudin, Abdul Rahman
Haniff, Ahamat
author_sort Zuhairah Ariff, Abd Ghadas
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
publishDate 2017
url http://eprints.unisza.edu.my/1695/1/FH03-FUHA-17-11962.jpg
http://eprints.unisza.edu.my/1695/2/FH03-FLAIR-16-05239.jpg
http://eprints.unisza.edu.my/1695/3/FH03-FUHA-17-11961.jpg
http://eprints.unisza.edu.my/1695/
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score 13.211869

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