KUCHING: The Malaysia Competition Commission (MyCC) met with the Association of Water & Energy Research Malaysia (AWER) last week to discuss AWER’s alleged anticompetitive practices in the retail sale of non-energy efficient products in Malaysia.
The meeting also discussed how AWER will cooperate with the MyCC regarding any suspected anti-competitive practices in this industry.
AWER had earlier alleged that there is ‘element of cartel and profiteering’ regarding the phasing out of Compact Fluorescent Light (CPL) lamp in Malaysia.
“Similar prices offered by enterprises on their own are not anticompetitive in nature. An allegation of cartel has to be backed with some evidence of price fixing by the enterprises involved,” Dr Mohd Khalid Abdul Samad, MyCC chief executive officer, said.
He added that they took note of AWER’s concerns on the possibility of enterprises engaging into anticompetitive practices and look forward to receiving any evidence they may have to support their claim.
Section 4 of the Competition Act 2010 prohibits enterprises, including associations, from fixing, directly or indirectly a purchase or selling price or any other trading conditions for goods and services.
The Competition Act 2010 has been in force from Jan 1, 2012 and it is necessary for associations and business enterprises to comply with the legislation.
The Commission may impose a financial penalty, which is not more than 10 per cent of the worldwide turnover of the enterprise over the period of the infringement, or impose any other direction that it considers appropriate to ensure future compliance by associations and business enterprises.