Anti-competitive Practices under Section 52 of the Malaysian Aviation Commission Act 2015

Decision of the Competition Appeal Tribunal which differ from the results of the Malaysia Competition Commission (MyCC) in the case of Malaysia Airlines System Berhad and Anor v Competition Commission [TRP1-2014 and TRP2-2014] is an indication that there is a conflict of opinion in interpreting the meaning of anti-competitive practices under section 4(2) of the Competition Act 2010. These differences occur as a result of two different approaches. (From a positive point of view, this difference has developed jurisprudence for anti-competitive behavior in Malaysia). However, from another point of view, this difference leads to inconsistency in the interpretation of what amounts to anti-competitive practices in Malaysia. As a result, it can lower the level of confidence of the parties involved in competition laws especially participants in the aviation industry. The long-term impact will affect the country’s economic system. As such, this article discusses the appropriate approach in determining the meaning of anti-competitive practices under section 4(2) of the Competition Act 2010.