Malaysia’s Communications and Multimedia Act 1998 defines the remedies available to the Communications and Multimedia Commission to respond to anticompetitive conduct. The available remedies depend on the nature of the conduct in question, and are set out in Table 1 below.
Table 1: Remedies for Anticompetitive Conduct
Issue | Possible Action |
The conduct appears to have the purpose of substantially lessening competition | Interim injunctions or fines |
The conduct appears to have the effect of substantially lessening competition | Direct to the licensee to cease the conduct and to implement appropriate remedies |
Application for authorization of specific conduct1 | Issue an authorization of the conduct, or refuse the application |
Endnotes:
1 Section 140 of the Communications and Multimedia Act 1998 empowers the Commission to authorize conduct that might otherwise be prohibited as anti-competitive under sections 133 or 139. The Commission may authorize such conduct if it is satisfied that the conduct is in the national interest. This will normally require the Commission to be satisfied that the national interest in the conduct outweighs any possible negative effects from reduced competition.