Commercial Law

Unfair Trade Practices and Monopolistic Acts in Digital Platforms

The rapid growth of digital markets, especially in e-commerce and multi-sided platform business, has raised significant concerns about unfair trade practices and monopolistic acts.

On 19 August 2025, the Trade Competition Commission of Thailand released the Draft Guidelines for Considering Unfair Trade Practices and Monopolistic Acts in Multi-Sided Platform Business, Digital Services, and E-Commerce to address these issues. The Draft Guideline establishes four principles and identifies two main categories of potentially anti-competitive conduct and unfair trade practices.

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Regulating the Digital Marketplace: Law in the Age of E-Commerce

E-commerce has revolutionised the way businesses and consumers interact. However, while technology has changed the mode of doing business, the law continues to apply. The same principles that govern traditional commerce — from fair trading to product safety — extend to online transactions, though often with added complexity.

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Case Summary: Lee Bee Sun v Siew Seow Kim & Ors

The plaintiff, a shareholder and director, alleged that the first and second defendants, also shareholders and directors of the third defendant, Super Resources & Trading Sdn Bhd, acted oppressively and disregarded the interests of the plaintiff.

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Artificial Intelligence Governance in Focus: Malaysia’s National Guidelines on AI Governance and Ethics vs the European Union’s AI Act

Malaysia’s Ministry of Science, Technology and Innovation adopted the National Guidelines on AI Governance and Ethics. The launch of which is a key step in supporting the Malaysian National Artificial Intelligence Roadmap 2021-2025.

AIGE reinforces Malaysia’s commitment to global AI ethics inspired by guidelines from UNESCO, OECD, and the EU, to ensure trusted and responsible AI development. Following this, AIGE set out seven core principles consisting of fairness, safety, privacy, inclusiveness, transparency, accountability, and the pursuit of human benefit.

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Malaysia’s Incoming Mechanism: Deferred Prosecution Agreement

The Chief Commissioner of Malaysian Anti-Corruption Commission (‘MACC’), Tan Sri Azam Baki had announced in May 2025, that the DPA mechanism to be adopted by 2026 through amendments of the Malaysian Anti-Corruption Commission Act 2009 (‘the MACC Act’) which is planned to be tabled mid-2026. The intended mechanism will only be used for ‘grand corruption’ cases and not in ‘smaller amounts’ cases. Its aim is to have quick recovery of assets, reducing lengthy prosecution, and protecting innocent stakeholders.

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RWC Webreport: Ministry of Domestic Trade and Cost of Living Engagement Session on the Review of E-Commerce Legislation

On 17 July 2025, an Engagement Session on the Review of E-Commerce Legislation was held at Zenith Hotel, Putrajaya to engage relevant stakeholders on the ongoing review of Malaysia’s e-commerce laws. The session was led by YB Datuk Armizan, Minister of Domestic Trade and Cost of Living (“KPDN”), and moderated by KPDN officers. The engagement session brought together approximately 300 participants, including platform representatives, vendors, and users.

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Bursa Malaysia Derivatives Expands Specified Exchange List

On 23 June 2025, Bursa Malaysia Derivatives Berhad (BMD) released the Trading Participants Circular 12/2025, announcing updates to Directive No. 6.25(1)-001. This directive outlines the list of foreign exchanges that Malaysian derivatives Trading Participants are permitted to access, in line with Rule 6.25(1)(b) of the BMD Rules.

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Enhancing Market Fairness:  The need of a Merger Control Regime in Malaysia

In Malaysia, competition law is governed by the Competition Act 2010 (‘the CA 2010’). The Malaysia Competition Commission (‘MyCC’), established under CA 2010, aims to protect the competitive process for the betterment of Malaysian businesses and economy.

Malaysia’s competition law prohibits two main types of anti-competitive activity.

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ALB MLA Law Awards 2021 Finalist Badge - Richard Wee Chambers

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