Recent developments in the United States, specifically the decision by the Supreme Court of the United States on the executive’s tariff powers have reshaped the legal framework governing U.S.–China trade measures. While the decision narrows the scope for sweeping tariffs imposed under emergency powers, it does not signal an end to trade friction. Rather, it marks a structural shift in how such measures may be pursued going forward.
The enforcement landscape under the Competition Act 2010 continues to mature, with MyCC refining its approach to penalties and cartel detection. This final part of the MyCC Guidelines Series will delve into the Guidelines on Financial Penalties and the Guidelines on Leniency Regime. These guidelines clarify how penalties are assessed and how enterprises may benefit from leniency in cartel investigations. This article examines both guidelines.
On the night of 9 January 2019, while walking along the beach in front of Mali-Mali Beach Resort, a coconut tree suddenly fell and struck the respondent, causing severe injuries that resulted in paraplegia. Another victim was killed in the same incident.
The appellant commenced an action against the respondent, the local authority for Langkawi established under the Local Government Act 1976 (‘the LGA 1976’), alleging negligence and breach of statutory duty under s 101 of the LGA.
The MyCC’s Guidelines on Market Definition clarify how markets are defined under the Competition Act 2010 and provide valuable insight into the analytical framework applied in investigations under Chapters 1 and 2 of the Act. For businesses operating in Malaysia, understanding this framework is critical, as market definition often shapes the outcome of a competition assessment.
This case highlights the effect of an unless order for discovery and whether a court is bound to enter a default judgment containing declaratory relief purely due to non-compliance with such an order. The Federal Court was required to determine whether declaratory relief may be granted without consideration of the merits or supporting evidence, and whether an unless order can operate in the same manner as a summary judgment or judgment in default, particularly in proceedings involving the government.
This third instalment turns to a more practical question: how do competition concerns actually reach the Malaysia Competition Commission (‘MyCC’). Understanding MyCC’s complaint procedures is critical not only for complainants, but also for businesses seeking to manage regulatory risk and respond strategically to potential investigations.
