Malaysia legislation

Section 10

of COMPETITION ACT 2010

Section 10

(2)

Without prejudice to the generality of subsection (1), an abuse of a dominant position may include—

(a)

directly or indirectly imposing unfair purchase or selling price or other unfair trading condition on any supplier or customer;

(b)

limiting or controlling—

(i)

production;

(ii)

market outlets or market access;

(iii)

technical or technological development; or

(iv)

investment, to the prejudice of consumers;

(c)

refusing to supply to a particular enterprise or group or category of enterprises;

(d)

applying different conditions to equivalent transactions with other trading parties to an extent that may—

(i)

discourage new market entry or expansion or investment by an existing competitor;

(ii)

force from the market or otherwise seriously damage an existing competitor which is no less efficient than the enterprise in a dominant position; or

Competition 17

(iii)

harm competition in any market in which the dominant enterprise is participating or in any upstream or downstream market;

(e)

making the conclusion of contract subject to acceptance by other parties of supplementary conditions which by their nature or according to commercial usage have no connection with the subject matter of the contract;

(f)

any predatory behaviour towards competitors; or

(g)

buying up a scarce supply of intermediate goods or resources required by a competitor, in circumstances where the enterprise in a dominant position does not have a reasonable commercial justification for buying up the intermediate goods or resources to meet its own needs.

(3)

This section does not prohibit an enterprise in a dominant position from taking any step which has reasonable commercial justification or represents a reasonable commercial response to the market entry or market conduct of a competitor.

(4)

The fact that the market share of any enterprise is above or below any particular level shall not in itself be regarded as conclusive as to whether that enterprise occupies, or does not occupy, a dominant position in that market.

Read in full context — COMPETITION ACT 2010 →