Understanding MyCC’s Enforcement Framework
The enforcement landscape under the Competition Act 2010 continues to mature, with the Malaysia Competition Commission (“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.
1. Guidelines on Financial Penalties
2. Guidelines on Leniency Regime
Conclusion
MyCC’s calibrated approach is demonstrated in these guidelines where:
- Financial penalties ensure deterrence and proportional accountability; and
- Leniency ensures detection and cartel destabilisation.
Together, they form a coherent enforcement framework designed to enhance competition compliance in Malaysia.
For businesses operating in concentrated markets or engaging in joint ventures, trade associations, or bidding environments, the risks are significant. Robust compliance programmes, internal reporting mechanisms, and early legal assessment are essential risk management tools.
The full guidelines can be accessed here:
For further information, please contact:
Fatin Ismail, Richard Wee Chambers
fatin.ismail@richardweechambers.com
