Malaysia legislation

Section 50

of *MALAYSIAN AVIATION COMMISSION ACT 2015

Section 50

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

Individual exemption

Section 50 — MALAYSIAN AVIATION COMMISSION ACT 2015