One Day Workshop on
The New Competition Law—How It Affects Your Business
and Why You Should Attend
10 May 2011
Best Western Seri Pacific Hotel, Kuala Lumpur
Vince See, PhD
The Parliament of Malaysia passed the Competition Act 2010 sometime in the middle of last year. The Act has been gazetted and is scheduled to come into force on 1 January 2012. This leaves the businesses in Malaysia with approximately 9 more months to look at, if not relook at, their business practices. While it is not right to say that all their business practices that have hitherto been followed would no longer be legal anymore, it is certainly right to say that many of their business practices would be deemed anti-competitive under the Competition Act 2010 while many others would have to be individually assessed to see if they might infringe the law.
For instance, businesses may wonder whether they would be permitted under the Competition Act 2010 to co-ordinate prices with their competitors. They may also wonder whether it would be legal under the Competition Act 2010 for them to divide or share market geographically or according to some other criteria with their competitors. Businesses may also ask themselves whether certain information-sharing with their competitors that they have hitherto been doing is permissible under the Act.
What about certain contractual restrictions that they place on their distributors, such as insisting that their distributors stock and distribute a single brand of products to the exclusion of competing brands? Are businesses allowed to name a price at which they want their distributors to sell, commonly known as resale price maintenance? Is there any difference between resale price maintenance and recommended retail price from the point of view of competition law?
For businesses that are used to selling two or three items together instead of making them available separately, would that practice (whether it is called tying or bundling) be permissible under the Competition Act 2010?
What about GLCs? Are they permitted to go above the Competition Act 2010? What would be the private sector’s standing vis-à-vis GLCs under the Act? Are GLCs subject to the abuse of dominant position provisions in the Act in their business dealings with other enterprises?
What amounts to an ‘infringement’ of the Competition Act 2010? What would be the consequences of such an infringement, both for the company and its employees? Would a company be spared of legal liability if it entered into a price-fixing agreement with a competitor outside of Malaysia? If a company is found to have committed an infringement and a penalty is imposed by the Competition Commission, are there other legal or financial consequences? Can the victims of anti-competitive practices take legal actions against the companies involved?
There are so many unanswered questions and yet businesses are running short of time, with just a few more months to go before the Act comes into force.
With that in mind, UMCoRS is delighted to bring this course on competition law to businesses in Malaysia. UMCoRS is also proud to inform you that we have managed to invite Dr Vince See, advisory member of the Implementation of Competition Law Committee of the Interim Competition Commission, as a key speaker of this event.
FOCUS OF THE PROGRAMME
What the Competition Act 2010 permits and prohibits
The implications on your business and dealings with other businesses or competitors
Investigation and enforcement under the Competition Act 2010
Your rights and duties under the Competition Act 2010
Financial consequences of an infringement
Management adjustments that your business may make to comply with the law
KEY BENEFITS OF ATTENDING
- Gain a comprehensive update and insight of the Competition Act 2010 and Competition Commission Act 2010 of Malaysia
- Understand the functions and powers of the Commission
- Obtain the first-hand idea of the likely policy approaches of the Competition Commission
- Benefit from insightful advice to develop plans for compliance with the law
- Taking advantage of the networking opportunities to socialize with peers and fellow decision-makers
WHO SHOULD ATTEND?
- CEOs, MDs, business owners across the country
- Policy-makers and senior management of the civil service
- Trade associations
- GLC senior management
- National regulators
- Competition authority officers
- In-house counsel
- Consulting economists
BIODATA DR VINCE SEE
Dr Vince studied law at King’s College London and was called to the Lincoln’s Inn in 1996. His PhD thesis is on a comparative study between the US and EU approaches on abuse of dominant position. His published articles include ‘Re-visiting Anticommons and Blockings in the Biotechnology Industry—A View from Competition Law Analysis’ published in the Journal of World Intellectual Property, ‘A Decade after the Communications and Multimedia Act 1998—The Law and Competition’ published in the Competition & Consumer Law Journal, and a chapter on the competition law of Japan published by CUTS, among others.
At present he serves as an advisory member of the Implementation of Competition Law Committee of the Interim Competition Unit—the Committee tasked to lay the ground work for the incoming Competition Commission of Malaysia.
Participants who register by 26 April 2011 will get a 10% Early Bird discount.