Introduction
In the earlier parts of this series, we explored the substantive prohibitions under the Competition Act 2010 (‘the Act) namely anti-competitive agreements under s 4 and abuse of dominance under s 10. 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.
Complaint Procedures
The Act applies broadly to any commercial activity within Malaysia, as well as conduct outside Malaysia that has an effect on competition in a Malaysian market. Complaints may be lodged in respect of suspected infringements of s 4 or s 10 of the Act, but only for conduct occurring after 1 January 2012.
That said, not all activities fall within MyCC’s remit. Certain sectors and conduct are expressly excluded, including activities regulated under the Communications and Multimedia Act 1998 and the Energy Commission Act 2001, as well as conduct undertaken to comply with legislative requirements, collective bargaining arrangements, and certain services of general economic interest. Where MyCC considers an activity to be exempt or excluded, it may decline to initiate an inquiry altogether.
The Complaint Form
Complaints must be submitted using MyCC’s prescribed Complaint Form, which is designed to elicit sufficient information for an initial assessment. At a minimum, complainants are expected to provide:
- details of the complainant;
- information on the enterprise(s) complained of;
- a clear description of the alleged infringing conduct; and
- any relevant supporting documents.
While the process is procedurally accessible, complaints may be submitted by email, post, fax, or in person, MyCC places significant emphasis on the quality and completeness of information provided. Bare allegations or speculative complaints, unsupported by facts or evidence, are unlikely to progress beyond the preliminary stage.
Complaint Mechanism
Receipt of a complaint does not automatically trigger a formal investigation. MyCC will first assess whether the complaint falls within the scope of the Act and its enforcement powers. Where appropriate, complainants may instead be referred to another regulator.
Even where jurisdiction is established, MyCC retains discretion to decide whether to proceed. In doing so, it may conduct a preliminary inquiry and will consider factors such as the sufficiency of information provided and its strategic enforcement priorities. If MyCC decides not to pursue the matter further, the complainant will be informed accordingly.
A formal investigation is typically launched only where there are reasonable grounds to suspect an infringement of s 4 or s 10.
Confidentiality and Transparency
While MyCC does not prohibit anonymous complaints, it has made clear that such complaints are disfavoured. Anonymity limits MyCC’s ability to seek clarification or additional information, which may hinder or derail an investigation at an early stage.
That said, MyCC recognises that complainants may have legitimate concerns about retaliation or commercial sensitivity. Information submitted to MyCC is generally treated as confidential and will only be disclosed in accordance with the Act. Complainants who are concerned about disclosure are encouraged to raise confidentiality issues at the time the complaint is lodged
If MyCC decides to close an investigation, it will publish a statement confirming the closure and summarising the reasons for its decision. This practice underscores MyCC’s commitment to a degree of transparency, while also signalling to the market how enforcement priorities and evidentiary thresholds are applied in practice.
Impact on Businesses
For businesses, these complaint procedures highlight two important realities. First, competition enforcement is often complaint-driven, meaning that commercial disputes, disgruntled competitors, or even customers may become the catalyst for regulatory scrutiny. Second, MyCC’s emphasis on self-assessment and internal compliance signals that enterprises are expected to proactively manage competition law risks, rather than react only once a complaint has been lodged. As MyCC’s enforcement framework continues to mature, understanding not just the law, but the mechanics of how it is enforced, has become an essential part of doing business in Malaysia.
The full guidelines can be accessed here.
For further information, please contact:
Fatin Ismail, Richard Wee Chambers
fatin.ismail@richardweechambers.com
