COMPETITION COMMISSION ACT 2010

Competition Commission LAWS OF MALAYSIA REPRINT Act 713 COMPETITION COMMISSION ACT 2010 As at 1 November 2024 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2024 1 2 Act 713 Laws of Malaysia COMPETITION COMMISSION ACT 2010 Date of Royal Assent … … … … 2 June 2010 Date of publication in the Gazette … … … … 10 June 2010 Competition Commission LAWS OF MALAYSIA Act 713 COMPETITION COMMISSION ACT 2010 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II ESTABLISHMENT OF THE COMPETITION COMMISSION 3. Establishment of the Commission 4. Common seal 5. Constitution of the Commission 6. Application of Schedule 7. Statutory declaration by members of the Commission 8. Approval to hold other office 9. Tenure of office 10. Remuneration and allowances 11. Revocation of appointment and resignation 12. Vacation of office 13. Temporary exercise of functions of Chairman 14. Establishment of committees 15. Disclosure of interest 3 4 Laws of Malaysia Act 713 Part III FUNCTIONS AND POWERS OF THE COMMISSION Section 16. Functions of the Commission 17. Powers of the Commission 18. Direction by Minister 19. Returns, reports, accounts and information Part IV PROVISIONS RELATING TO EMPLOYEES OF THE COMMISSION 20. Chief Executive Officer 21. Temporary exercise of the functions of Chief Executive Officer 22. Appointment of employees of the Commission 23. Loans, scholarships and advances 24. Payment of retirement benefits, etc. 25. Commission may adopt regulations, etc. 26. Protection of officers and other persons Part V FINANCE 27. Fund 28. Expenditure to be charged on the Fund 29. Conservation of the Fund 30. Expenditure and preparation of estimates 31. Bank accounts 32. Power to borrow 33. Investment 34. Limitation on contracts 35. Financial procedure 36. Financial year 37. Annual report Competition Commission Part VI GENERAL Section 38. Appointment and power of Commission officers 39. Interworking with other authorities 40. Institution of prosecution 41. Public servant 42. Public Authorities Protection Act 1948 43. Obligation of secrecy 44. Representation in civil proceedings 45. Power to employ 46. Things done in anticipation of the enactment of this Act 47. Method of publication Schedule 5 6 Laws of Malaysia Act 713 Competition Commission 7 LAWS OF MALAYSIA Act 713 COMPETITION COMMISSION ACT 2010 An Act to provide for the establishment of the Competition Commission, to set out the powers and functions of such Commission, and to provide for matters connected therewith or incidental thereto. [1 January 2011; P.U. (B) 499/2010] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Competition Commission Act 2010. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “member” means the Chairman and any member of the Commission appointed under section 5; 8 Laws of Malaysia Act 713 “committee” means a committee established by the Commission under section 14; “Chief Executive Officer” means the Chief Executive Officer of the Commission appointed under section 20; “Fund” means the Competition Commission Fund established under section 27; “Minister” means the Minister for the time being charged with the responsibility for matters concerning domestic trade and consumer affairs; “Commission officer” means a person appointed or authorized by the Chief Executive Officer in writing under the competition laws for the purpose of carrying out investigation of any offence or infringement of the competition laws; “employee” means any person employed by the Commission under section 22 and includes the Chief Executive Officer; “Chairman” means the Chairman of the Commission appointed under section 5; “Commission” means the Competition Commission established under section 3; “competition laws” means this Act and the Competition Act 2010 [Act 712] and includes any subsidiary legislation made under these laws. Part II ESTABLISHMENT OF THE COMPETITION COMMISSION Establishment of the Commission 3. (1) A body corporate to be known as the “Competition Commission” is established. (2) The Commission shall have perpetual succession and a common seal. (3) The Commission may sue and be sued in its name. Competition Commission 9 (4) Subject to and for the purposes of this Act, the Commission may, upon such terms as the Commission deems fit— (a) enter into contracts; and (b) in respect of movable and immovable property and interest in movable and immovable property of every description— (i) acquire, purchase and take such property and interest; and (ii) hold, enjoy, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, such property and any interest in the property vested in the Commission. Common seal 4. (1) The common seal of the Commission shall bear a device as approved by the Commission and the seal may from time to time be broken, changed, altered and made anew as the Commission thinks fit. (2) Until a seal is provided by the Commission, a stamp bearing the words “Competition Commission” may be used and shall be deemed to be its common seal. (3) The common seal shall be kept in the custody of the Chairman or any other person authorized by the Commission, and shall be authenticated by either the Chairman or by such other person authorized by the Chairman in writing. (4) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (3), shall, until the contrary is proved, be deemed to have been validly executed. (5) Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Commission or any other person authorized by the Commission on behalf of the Commission. (6) The common seal of the Commission shall be officially and judicially noticed. 10 Laws of Malaysia Act 713 Constitution of the Commission 5. (1) The Commission shall consist of the following members who shall be appointed by the Prime Minister upon the recommendation of the Minister: (a) a Chairman; (b) four members representing the Government, one of whom shall be a representative of the Ministry for the time being responsible for matters concerning domestic trade and consumer affairs; and (c) not less than three but not more than five other members, who have experience and knowledge in matters relating to business, industry, commerce, law, economics, public administration, competition, consumer protection or any other suitable qualification as the Minister may determine. (2) The appointment of the members of the Commission shall be published in the Gazette. Application of Schedule 6. (1) The Schedule applies to members of the Commission. (2) The Minister may amend the Schedule by order published in the Gazette. Statutory declaration by members of the Commission 7. (1) No person shall be appointed as a member of the Commission unless before such appointment the person makes a statutory declaration as to whether he has any interest, financial or otherwise, in any commercial undertaking or trade. (2) If a member of the Commission acquires any interest, financial or otherwise, in any commercial undertaking or trade, he shall, within one month after such acquisition, give notice in writing to the Minister specifying the interest acquired. Competition Commission 11 Approval to hold other office 8. (1) The Chairman shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the Minister’s prior written approval. (2) No person shall be appointed or shall remain as a member of the Commission who holds full-time office in any public listed company without the Minister’s prior written approval. Tenure of office 9. (1) A member of the Commission shall hold office for a term not exceeding three years. (2) A member of the Commission shall be eligible for reappointment but no member shall hold office for more than two consecutive terms. Remuneration and allowances 10. (1) The Chairman shall be paid such remuneration and allowances as the Minister may determine, after consultation with the Minister of Finance. (2) All other members of the Commission shall be paid such allowances at such rates as the Minister may determine, after consultation with the Minister of Finance. Revocation of appointment and resignation 11. (1) The appointment of any member of the Commission may, at any time, be revoked by the Prime Minister, if necessary in the interest of the effective and economical performance of the functions of the Commission. (2) The revocation of appointment under subsection (1) shall be supported with reason in writing. (3) Any member of the Commission may, at any time, resign his office by a written notice addressed to the Prime Minister. 12 Laws of Malaysia Act 713 Vacation of office 12. The office of a member of the Commission shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) his conduct, whether in connection with his duties as a member of the Commission or otherwise, has been such as to bring discredit or disrepute on the Commission; (d) he becomes a bankrupt; (e) he is of unsound mind or is otherwise incapable of discharging his duties; (f) in the case of the Chairman, he absents himself from three consecutive meetings of the Commission without leave in writing of the Minister; (g) in the case of a member of the Commission other than the Chairman, he absents himself from three consecutive meetings of the Commission without leave in writing of the Chairman; (h) he has engaged in any paid office or employment which conflicts with his duties as a member of the Commission; (i) he has acted in contravention of the competition laws; (j) his appointment is revoked by the Prime Minister; or (k) his resignation is accepted by the Prime Minister. Competition Commission 13 Temporary exercise of functions of Chairman 13. (1) Subject to subsection (2), the Minister may appoint temporarily any member of the Commission, other than the Chief Executive Officer, to act as the Chairman for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to perform his functions. (2) In the event that the office of the Chairman is vacant for six consecutive months or more, the Prime Minister shall appoint another person to be the Chairman in accordance with this Act, and upon such appointment, the previous Chairman shall cease to be a member of the Commission. Establishment of committees 14. (1) The Commission may establish any committee as it deems necessary or expedient to assist it in the performance of its functions under the competition laws. (2) A committee established under subsection (1)— (a) shall be chaired by any member of the Commission; (b) shall conform to and act in accordance with any direction given to it by the Commission; and (c) may determine its own procedure. (3) Members of the committee established under subsection (1) may be appointed from amongst members of the Commission or such other person as the Commission thinks fit. (4) A member of a committee