SURUHANJAYA PERSAINGAN MALAYSIA v 1. ) MYTEKSI SDN. BHD. 2. ) GRABCAR SDN. BHD. 3. ) GRAB INC.

w-01a-425-08-2023 Court of Appeal (Mahkamah Rayuan) 18 March 2025 • W-01(A)-425-08/2023 • 23 min read
17 cases cited (0 SG, 17 foreign)

Catchwords

The Court of Appeal upheld the High Court’s decision that the Proposed Decision by Malaysian Competition Commission (MyCC) under Section 36 of the Competition Commission Act 2010 is subject to judicial review. Sections 35 to 40 of the Act do not provide a statutory appeal mechanism for a proposed decision under Section 36. MyCC’s investigation was procedurally improper due to a lack of proper notification and distinction between different complaints. Consequently, the judicial review was not premature, and the High Court’s decision to quash the proposed decision was upheld.

Practice Areas

The Court of Appeal upheld the High Court’s decision that the Proposed Decision by Malaysian Competition Commission (MyCC) under Section 36 of the Competition Commission Act 2010 is subject to judicial review. Sections 35 to 40 of the Act do not provide a statutory appeal mechanism for a proposed decision under Section 36. MyCC’s investigation was procedurally improper due to a lack of proper notification and distinction between different complaints. Consequently, the judicial review was not premature, and the High Court’s decision to quash the proposed decision was upheld.

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Lim Chong Fong Delivered S. Nantha Balan a/l E.s. Moorthy Coram

Counsel (12)

Shanthi Kandiah Chambers Firm Tommy Thomas Firm Alicia Gomez Counsel Appellant Azyan Binti Mohamed Ibrahim Counsel Respondent Chin Yan We Counsel Respondent Dato' Malik Imtiaz Sarwar Counsel Respondent Lim Yvonne Counsel Respondent Mervyn Lai Wei Shiung Counsel Appellant Shanthi Kandiah Counsel Respondent Tan Sri Tommy Thomas Counsel Appellant Wong Ting Ying Counsel Appellant Yo Yi Yun Counsel Respondent

Parties (4)

GRAB INC Respondent GRABCAR Sdn Bhd Respondent MYTEKSI Sdn Bhd Respondent SURUHANJAYA PERSAINGAN MALAYSIA Appellant

Case Significance

SURUHANJAYA PERSAINGAN MALAYSIA v 1. ) MYTEKSI SDN. BHD. 2. ) GRABCAR SDN. BH... is a Court of Appeal (Mahkamah Rayuan) decision dated March 18, 2025 (citation: w-01a-425-08-2023). <p>The Malaysian Competition Commission (MyCC) appealed the High Court's quashing of its proposed decision against Grab companies for abuse of dominant market position. The Court of Appeal dismissed MyCC's appeal, finding the proposed decision under s.36 of the Competition Commission Act 2010 was subject to judicial review and MyCC's investigation was tainted with procedural impropriety for conflating separate complaints from 2018 and 2019.</p> The panel comprised Ahmad Kamal bin Md. Shahid, Lim Chong Fong and S. Nantha Balan a/l E.s. Moorthy, with Lim Chong Fong delivering the judgment.

Summary

The Malaysian Competition Commission (MyCC) appealed the High Court's quashing of its proposed decision against Grab companies for abuse of dominant market position. The Court of Appeal dismissed MyCC's appeal, finding the proposed decision under s.36 of the Competition Commission Act 2010 was subject to judicial review and MyCC's investigation was tainted with procedural impropriety for conflating separate complaints from 2018 and 2019.

What was the outcome of SURUHANJAYA PERSAINGAN MALAYSIA v 1. ) MYTEKSI SDN. BHD. 2. ) GRABCAR SDN. BH...?

<p>The Malaysian Competition Commission (MyCC) appealed the High Court's quashing of its proposed decision against Grab companies for abuse of dominan...

Statutes Cited

Competition Act
s 40
Competition Act 2010 (Cap 712)
Rules of Court 2012

Cases Cited (17)

UK (10)
[1937] AC 473 [1942] AC 130 [1948] 1 KB 223 [1956] AC 14 [1966] 1 QB 273 [1978] AC 297 [1979] 2 All ER 22 [1982] 1 WLR 1155 [1985] AC 374 [2003] EWHC 1605
MY (7)
[1965] 1 MLJ 228 [1977] 2 MLJ 152 [1980] 2 MLJ 276 [1981] CLJ 84 [1997] 1 AMR 433 [2010] 4 MLJ 651 [2010] 6 CLJ 745