To compete on a regional or global scale, your company must create sound strategy that follows legal standards and requirements set under competition law. It is critical that you work with experienced lawyers in the field who can provide you with advice and counsel as these laws evolve and expand.
At SK Chambers in Kuala Lumpur, we serve Malaysian, regional and global corporations, as well as advocates and regulators. Our practice focus in the area of competition and regulatory law enables us to provide focused, integrated, un-paralleled advice and service to our clients.
Competition Law Services
Competition law in Malaysia has a distinct regulatory focus, dominated by agency-led enforcement in the scope of both the Competition Act 2010 and the Communications and Multimedia Act 1998. The two agencies have different means at their disposal to control anti-competitive conduct or market abuse, apart from different criteria and market share rules as dominance and safe harbor indicators.
Our firm provides legal advisory services on all aspects of competition law. For example, we assist clients by providing:
- Clear commercial strategies to address all types of collaborations such as joint ventures, sharing arrangements
- Pricing and non-pricing issues linked with a dominant position
- Transaction support (e.g., due diligence for anti-trust warranties and enforceability of clauses in potentially competition restricting agreements)
- Crafting and implementing a global and national compliance strategy for Malaysian multinationals and providing training
- Advice on complex economic regulation issues (including rate and access regulation) in network industries
- Advice on mergers, issues relating to state subsidies, public procurement and market investigations
- Support services in civil litigation and managing administrative action responses such as investigation management for cartel and misuse of market power actions
- Preparing submissions to regulators in the context of rule changes, guideline review and proposed administrative action such as determinations and/or licence conditions
Our competition law practice has experience working in a range of sectors, including:
- Quarries & building material
Solutions That Work
Our advice comes from a commercial, practical perspective gained through the vast number of assignments across a wide range of industries, as well as hands-on experience working as regulators. We understand the real-world applications of competition law. We can give you the solution-oriented counsel you need to ensure fair competition.
We have in-house credentials in competition economics. Apart from that we have cultivated relationships with leading economists from around the world.
This allows us to provide integrated legal and economic services, ensuring that central legal and economic issues are identified at the earliest opportunity and that any issue is underpinned by a sound understanding of the market(s) in question.
Our Track Record
We have a track record of providing high quality advice and achieving successful outcomes for clients engaged in a full range of matters. That includes structuring collaborations with competitors, advising on distribution strategy, shaping pricing policy and advertising strategies, and drafting and reviewing agreements to ensure that they are consistent with Malaysian competition law.
Utilising Avenues to Engage With the Regulator
Malaysian competition law provides various avenues for engaging with the regulator. We know what these are and utilize them in appropriate circumstances to achieve results for our clients.
In appropriate cases, we may advise the client to seek an individual or block exemption or authorization for a particular conduct from the authorities. In such instances, we assist in preparing all relevant documentation for seeking an exemption.
Where our clients are the subject of investigations, we advise on the optimum strategy to follow. We participate in any negotiations over undertakings in lieu of a finding of infringement.
Where anti-competitive practices affect our clients, we advise on the optimum strategy they should follow which includes drafting the required papers to pursue complaints within the mechanism provided under the law.
Partnerships That Further Our Clients’ Goals
We work closely with leading international economists and anti-trust experts to deliver practical, workable solutions to a variety of problems. It is our mission to pursue relationships with the best firms in countries that are important to our clients’ businesses.