MyCC consults on dominance guidelines
In its announcement on 11 May 2012, the Malaysia Competition Commission (MyCC) invited public consultation on its draft Guidelines on Abuse of a Dominant Position.
The MyCC is the statutory body entrusted to enforce Malaysia’s Competition Act 2010, which came into force on 1 January 2012. The abuse of a dominant position provision is one of the two main prohibitions deemed illegal by the Competition Act, the other being anti-competitive agreements.
Importantly, MyCC has stated that a market share above 60% will be indicative of dominance, compared to most other jurisdictions where a 40-50% market share threshold is usually applied.
The public consultation will run until 15 June 2012 and represents a positive intention by MyCC to effectively implement an abuse of dominance regime.