Section 2
In this Act, unless the context otherwise requires—
“agreement” means any form of contract, arrangement or understanding, whether or not legally enforceable, between enterprises, and includes a decision by an association and concerted practices;
“Chairman” means the Chairman of the Commission appointed under the Competition Commission Act 2010 [Act 713];
“Commission” means the Competition Commission established under the Competition Commission Act 2010;
“Commission officer” has the same meaning assigned to it in the Competition Commission Act 2010;
“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 a market; or
(b)
to disclose the course of conduct which an enterprise has decided to adopt or is contemplating to adopt in a market, in circumstances where such disclosure would not have been made under normal conditions of competition;
“consumer” means any direct or indirect user of goods or services supplied by an enterprise in the course of business, and includes another enterprise that uses the goods or services thus supplied as an input to its own business as well as a wholesaler, a retailer and a final consumer;
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“direction” means a direction given by the Commission under
Part III or Part IV of this Act;
“document” has the same meaning assigned to it in the Evidence Act 1950 [Act 56];
“dominant position” means a situation in which one or more enterprises possess such significant power in a market to adjust prices or outputs or trading terms, without effective constraint from competitors or potential competitors;
“enterprise” means any entity carrying on commercial activities relating to goods or 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, both form a single economic unit within which the subsidiaries do not enjoy real autonomy in determining their actions on the market;
“goods” means property of every kind, whether tangible or intangible and includes—
(a)
all kinds of movable property;
(b)
buildings and other structures;
(c)
vessels and vehicles;
(d)
utilities;
(e)
minerals, trees and crops, whether on, under or attached to land or not;
(f)
animals, including fish; and
(g)
choses-in-action;
“horizontal agreement” means an agreement between enterprises each of which operates at the same level in the production or distribution chain;
“infringement” means an infringement of any prohibition under this Act;
Act 712
“market” means a market in Malaysia or in any part of Malaysia, and when used in relation to any goods or services, includes a market for those goods or services and other goods or services that are substitutable for, or otherwise competitive with, the first-mentioned goods or services;
“Minister” means the Minister charged with the responsibility for domestic trade and consumer affairs;
“price” includes any form of consideration given in return for any goods or services of any kind, whether such consideration has actually been given or is advertised or stated as being required to be given in exchange for such goods or services;
“prohibition” means any prohibition under this Act;
“publish”, where no mode is specified, means to publish in any form or manner as may be determined by the Commission;
“supply” includes—
(a)
in relation to goods, the supply and resupply, by way of sale, exchange, lease, hire or hire-purchase of the goods;
and
(b)
in relation to services, the provision by way of sale, grant or conferment of the services;
“this Act” includes any subsidiary legislation made under this Act;
“vertical agreement” means an agreement between enterprises each of which operates at a different level in the production or distribution chain.