ARTICLE
16 February 2018

Malaysia's First Decision On Abuse Of Dominance Upheld

BM
Baker & McKenzie

Contributor

Baker & McKenzie
The Malaysian Competition Appeal Tribunal has upheld the first (and so far only) abuse of dominance decision by the Malaysian Competition Commission (MyCC) since the competition law came into effect in 2012.
Malaysia Antitrust/Competition Law

The Malaysian Competition Appeal Tribunal has upheld the first (and so far only) abuse of dominance decision by the Malaysian Competition Commission (MyCC) since the competition law came into effect in 2012.

The decision had been issued in 2016 against My E.G. Services Berhad (MyEG) and its wholly owned subsidiary. MyEG manages an online system for the renewal of foreign workers' permits, while its subsidiary acts as an agent for several companies for the sale of mandatory insurance policies for foreign workers.

MyCC decided that MyEG had abused its dominant position in the market for foreign workers' permit renewals, making it compulsory or inducing the employers of the foreign workers to purchase the mandatory insurance policies through its subsidiary.

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