Of late, the war cry against monopolies in Malaysia, led by the newly minted Pakatan Harapan administration in line with their election manifesto, has been resounding. On 24 March 2023, Malaysia’s new Prime Minister, Datuk Seri Anwar Ibrahim, announced that the government is reviewing all existing monopolies to ensure that the public enjoy fair and better service.

The recent decision of the Tribunal is an interesting development to Malaysian competition law as it attempts to reconcile a safe harbour agreement deemed not significant by the MyCC in its own Guideline on Chapter 1 Prohibition (“Guideline”), with an agreement where its impact is deemed significant under Section 4(2) of the CA.

The complaint from the Federation of Malaysian Consumers Association (“FOMCA”) on Touch ‘n Go’s (“TnG”) monopolistic abuses on consumers and the response from Malaysia Competition Commission (“MyCC”) reveal confusion among consumers about the jurisdiction over consumer protection issues in Malaysia. Although competition policy and consumer policy have different approaches to the market, they share a common goal of enhancing consumer welfare.

Environmental sustainability and climate change have become increasingly important agendas for businesses and governments locally and globally.