Malaysia legislation
Section 55
Section 55
(a)
notify the Commission of the anticipated mergr; and
(b)
apply to it for a decision
(2)
Subject to sections 59 and 62, on an application under this section, the Commission may make a decision as to—
(a)
whether the prohibition in section 54 will be infringed by the anticipated merger, if carried into effect; and
(b)
if it will not be infringed, whether it is—
(i)
because of the effect of an exclusion which will apply if the anticipated merger is carried into effect;
(ii)
because the anticipated merger, if carried into effect, is exempted by the Minister from the application of the prohibition under subsection 59(2); or
(iii)
because an undertaking has been accepted pursuant to section 62.
Malaysian Aviation Commission 55
(3)
Subject to subsection (4), where the Commission makes a decision that an anticipated merger, if carried into effect, will not infringe the prohibition in section 54, the Commission may, if it thinks fit, state that the decision shall be valid only for the period it specifies therein.
(4)
Before the expiry of the period referred to in subsection (3), if any, an application may be made by all parties to the anticipated merger who applied to the Commission for a decision on the anticipated merger under this section for that period to be extended.
(5)
Where an application for an anticipated merger to be considered has been made to the Commission in accordance with subsection (1) and the anticipated merger is carried into effect before the Commission makes a decision under subsection (2) in respect thereof, the application relating to the anticipated merger—
(a)
may be treated by the Commission as if it were an application for the resulting merger to be considered made in accordance with section 56; and
(b)
the Commission may make a decision under section 56 in respect of the resulting merger.
(6)
For the purpose of subsection (5), the Commission may make a decision under subparagraph 56(2)(b)(ii) notwithstanding the exemption was granted by the Minister under subsection 59(2) in respect of the anticipated merger.
(7)
Notwithstanding subsection (5), the Commission may refuse to make any decision in respect of a merger referred to therein and require any party involved in the merger to apply to the Commission for the merger to be considered under subsection 56(1).
(8)
In this section, “an anticipated merger of the relevant type”
means an anticipated merger of the type described by guidelines made under paragraph 65(2)(c).
56 Laws of Malaysia ACT 771
Notification of merger