Conventus Law

Conventus Law

by

The Malaysia Competition Commission (“MyCC”) has issued a statement warning private healthcare associations (“PHA”) in Sarawak, Penang, Selangor, and Kuala Lumpur against proposing and/or collectively agreeing to impose additional service-related fees, including prescription charges, registration fees, regulatory compliance charges, and facility fees. 

The announcement by MyCC (“the Announcement”) is accessible here. 

In its statement, MyCC was of the view that any decision by PHAs (which includes PHAs that represent general practitioners) to introduce uniform charges may infringe the Competition Act 2010 (“CA 2010”). 

MyCC has strongly urged the Society of Private Medical Practitioners Sarawak (“SPMPS”) to retract its advisory on the implementation of new fees that was issued to its members. 

MyCC has also called upon the Private Medical Practitioners’ Association of Selangor and Kuala Lumpur (“PMPASKL”) and the Penang Medical Practitioners Society (“PMPS”) to refrain from facilitating and/or implementing any conduct that may amount to price-fixing. 

If found in breach of the CA 2010, enterprises may face financial penalties of up to 10% of their worldwide turnover for the duration of the infringement. 

WRITTEN BY

For further information, please contact:

Anand Raj – Shearn Delamore & Co,
anand@shearndelamore.com

Anand (partner of Shearn Delamore & Co. since 2003) was admitted as an Advocate & Solicitor of the High Court of Malaya in 1996. Anand’s practice areas include all aspects of tax and transfer pricing disputes and litigation as well as competition law & antitrust. Anand is the Co-Head of the firm’s Antitrust Practice.

Anand was recognized as the 2017 Asia Tax Disputes and Litigation Practice Leader of the Year by the International Tax Review (ITR). Asialaw Leading Lawyers (2020 – 2022) recognized Anand as an “Elite Practitioner” in Competition/Antitrust as well as Tax. Anand is recognized as a “Highly Regarded Practitioner” in Indirect Tax and Tax Controversy 2019 – 2022 by the ITR. Anand is ranked by Legal 500 Asia-Pacific (2019 – 2021) as a “Leading Individual” in Tax. Asia Business Law Journal (2020 and 2021) recognized Anand as one of Malaysia’s Top 100 Lawyers in Competition Law & Antitrust and Tax Disputes & Controversy. Anand is recognized as a “Global Leader” (2019 – 2021) in Competition as well as Corporate Tax Lawyers by Who’s Who Legal.

Anand has acted in numerous leading tax cases, including for the Malaysian Bar, United Plantations Berhad, Castrol (Aspac Lubricants), MUI, ExxonMobil, Multi-Purpose Holdings Berhad, Seabanc Kredit, Paramount (M) (1963) Sdn Bhd, Bandar Utama City Corporation, SGS Singapore, Wincor Nixdorf, Petronas Penapisan, AIACL, SUEP Properties Berhad, Repsol, Flextronics Shah Alam Sdn Bhd, Seaport Worldwide Sdn Bhd, Shell Refining, United Malacca Berhad, Kompleks Tanjung Malim Sdn Bhd and many others.

Anand has also been recognized in the International Who’s Who Legal: Competition Lawyers for 2013 – 2020 and as a Tier 1 leader in his fields by the Global Competition Review (GCR), Chambers Asia-Pacific, Asia-Pacific Legal 500, Asialaw Profiles and other directories. Anand regularly represents and advises MNCs, GLCs, foreign and Malaysian enterprises on Competition Law in industries as diverse as financial services, telecommunications and multimedia, pharmaceuticals, insurance, logistics, hospitality, FMCG, manufacturing and the automotive sector, amongst others. Anand regularly conducts trainings and workshops for clients and is active in providing feedback to the relevant authorities and agencies.

Register for your monthly Asia legal updates from Conventus Law

Error: Contact form not found.

RELATED ARTICLES