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MyCC to enforce anti bid-rigging laws soon

KUALA LUMPUR: The Malaysia Competition Commission (MyCC) will soon enforce anti bid-rigging laws to level the playing field in business transactions involving the private and government sectors.

The commission will work with the Malaysian Anti-Corruption Agency.

MyCC chief executive officer Dr Mohd Khalid Abdul Samad said the collaboration was necessary because although Section 4 of the Competition Act 2010 allowed MyCC to act against enterprises infringing the rule, the underhanded practice often entailed elements of graft.

Khalid said that an enterprise found in breach of the act could be fined not exceeding 10 per cent of their worldwide turnover.

When asked if there were any cases they were looking to investigate for bid-rigging, Khalid said there was no particular case and the complaints they have received about government and private entities were through poison letters.

Khalid who was speaking at a corporate integrity pledge signing ceremony by MyCC said the guidelines on bid-rigging were launched last year.

MyCC Investigation and Enforcement director Iskandar Ismail said the commission had investigated 51 cases since it was set up four years ago and has closed 18 of them.

Most of the cases involved “price-fixing cartels” under the influence of business associations.

The wrapped up cases include price hikes by 26 edible ice manufactures in 2013, where the lot, including Atlas Ice received fines totalling to RM252,000 by the MyCC.

Persatuan Bakeri and Manisan Sibu members were also fined a total of RM247,000 for price-fixing under Section 4 of the act.

Iskandar said MyCC instructed those involved in price-fixing to sign an undertaking, agreeing to correct the upset they caused in the market.

Meanwhile, Malaysia Airlines and AirAsia Bhd will appeal the RM10 million fine issued to each of them by MyCC in the Competition Appeals Tribunal on May 21 and May 22.

They were earlier fined for a breach of the market-sharing prohibition.

Present at the signing ceremony was Domestic Trade, Consumerism and Cooperatives Minister Datuk Seri Hasan Malek and MyCC chairman Tan Sri Siti Norma Yaakob.

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