Section 50
Relief of liability
of Malaysian Aviation Commission Act 2015
Notwithstanding section 49, an enterprise which is a party to an agreement may relieve its liability for the infringement of the prohibition under section 49 based on the following reasons:
(a)
there are significant identifiable technological, efficiency or social benefits directly arising from the agreement;
(b)
the benefits could not reasonably have been provided by the parties to the agreement without the agreement having the effect of preventing, restricting or distorting competition;
(c)
the detrimental effect of the agreement on competition is proportionate to the benefits provided; and
(d)
the agreement does not allow the enterprise concerned to eliminate competition completely in respect of a substantial part of the aviation services.
48 Laws of Malaysia ACT 771