Malaysia legislation
Section 47
Section 47
In this Part, unless the context otherwise requires—
“concerted practice” means any form of coordination between enterprises which knowingly substitutes practical co-operation between them for the risks of competition and includes any practice which involves direct or indirect contact or communication between enterprises, the object or effect of which is either—
(a)
to influence the conduct of one or more enterprises in an aviation service market; or
(b)
to disclose the course of conduct which an enterprise has decided to adopt or is contemplating to adopt in an aviation service market, in circumstances where such disclosure would not have been made under normal conditions of competition;
“dominant position” means a situation in which one or more enterprises possess such significant power in an aviation service
Malaysian Aviation Commission 45
market to adjust prices or outputs or trading terms, without effective constraint from competitors or potential competitors;
“aviation service market” means a market for aviation services in
Malaysia or in any part of Malaysia;
“agreement” means any form of contract, arrangement or understanding, whether or not legally enforceable, between enterprises, and includes a horizontal agreement, a vertical agreement, an airline code sharing, alliance, partnership or joint venture agreement, a decision by an association and concerted practices;
“horizontal agreement” means an agreement between enterprises each of which operates at the same level in the production or distribution chain;
“vertical agreement” means an agreement between enterprises each of which operates at a different level in the production or distribution chain; and
“enterprise”
means any individual, body corporate, unincorporated body of persons or any other entity carrying on commercial activities relating to aviation services, and for the purposes of this Act, a parent and subsidiary company shall be regarded as a single enterprise if, despite their separate legal entity, they form a single economic unit within which the subsidiaries do not enjoy real autonomy in determining their actions in the aviation service market.
Application of this Part