COMPETITION COMMISSION ACT 2010

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

The Commission shall have perpetual succession and a common seal.

The Commission may sue and be sued in its name.

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Subject to and for the purposes of this Act, the Commission may, upon such terms as the Commission deems fit—

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.

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.

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.

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.

The common seal of the Commission shall be officially and judicially noticed.

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Constitution of the Commission

a Chairman;

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

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.

The appointment of the members of the Commission shall be published in the Gazette.

Application of Schedule

The Minister may amend the Schedule by order published in the Gazette.

Statutory declaration by members of the Commission

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.

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Approval to hold other office

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

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

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

The revocation of appointment under subsection (1) shall be supported with reason in writing.

Any member of the Commission may, at any time, resign his office by a written notice addressed to the Prime Minister.

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Vacation of office

he dies;

there has been proved against him, or he has been convicted of, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

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;

he becomes a bankrupt;

he is of unsound mind or is otherwise incapable of discharging his duties;

in the case of the Chairman, he absents himself from three consecutive meetings of the Commission without leave in writing of the Minister;

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;

he has engaged in any paid office or employment which conflicts with his duties as a member of the Commission;

he has acted in contravention of the competition laws;

his appointment is revoked by the Prime Minister; or

his resignation is accepted by the Prime Minister.

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Temporary exercise of functions of Chairman

the office of the Chairman is vacant;

the Chairman is absent from duty or from Malaysia; or

the Chairman is, for any other reason, unable to perform his functions.

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

A committee established under subsection (1)—

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.

A member of a committee shall hold office on such conditions and for such term as may be specified in his letter of appointment and is eligible for reappointment.

The Commission may revoke the appointment of any member of a committee.

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A member of a committee may, at any time, resign by giving a written notice to the chairman of the committee.

The Commission may, at any time, discontinue or alter the constitution of a committee.

A committee shall hold its administrative meetings at such times and places as the chairman of the committee may determine.

A committee may invite any person to attend any of its meetings for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

The members of a committee and any person invited under subsection (9) may be paid such allowances and other expenses as the Commission may determine.

Disclosure of interest

A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission or committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—

A member of the Commission or committee who fails to disclose his interest as required under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

No act or proceedings of the Commission or committee shall be invalidated on the ground that any member of the Commission or committee has contravened this section.

For the purposes of this section—

“a member of his family”, in relation to a member of the

Commission or a committee, includes—

to advise the Minister or any other public or regulatory authority on all matters concerning competition;

to alert the Minister to the actual or likely anti-competitive effects of current or proposed legislation and to make recommendations to the Minister, if appropriate, for the avoidance of these effects;

to advise the Minister on international agreements relevant to competition matters and to the competition laws;

to implement and enforce the provisions of the competition laws;

to issue guidelines in relation to the implementation and enforcement of the competition laws;

to act as an advocate for competition matters;

to carry out, as it considers appropriate, general studies in relation to issues connected with competition in the

Malaysian economy or particular sectors of the Malaysian economy;

to collect information for the performance of the

Commission’s functions;

to publish, and otherwise raise awareness among persons engaged in commerce or trade and among the public of, information concerning the competition laws and the manner in which the Commission will carry out its functions under the competition laws;

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to inform and educate the public regarding the ways in which competition may benefit consumers in, and the economy of, Malaysia;

to consider and make recommendations to the Minister on reforms to the competition laws; and

to carry on such activities and do such things as are necessary or advantageous and proper for the administration of the Commission.

Powers of the Commission

Without prejudice to the generality of subsection (1), the powers of the Commission shall include the power—

The Minister may, in writing, give to the Commission directions of a general character, consistent with the provisions of the competition laws, relating to the performance of the functions and powers of the Commission and the Commission shall give effect to such directions.

Returns, reports, accounts and information

The returns, reports, accounts and information shall be in such form and shall contain such information relating to the proceedings and policy of the Commission and any other matter as the Minister may, from time to time, specify.

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The Chief Executive Officer shall be responsible for the overall administration and management of the functions, activities and day-to-day affairs of the Commission.

The Chief Executive Officer shall have general control of the employees of the Commission.

The Chief Executive Officer shall perform such other duties as the Commission may, from time to time, direct.

In discharging his duties, the Chief Executive Officer shall act under the general authority and direction of the Commission.

The Chief Executive Officer shall be an employee of the

Commission.

Temporary exercise of the functions of Chief Executive Officer

the office of the Chief Executive Officer is vacant;

the Chief Executive Officer is absent from duty or from

Malaysia; or

the Chief Executive Officer is, for any other reason, unable to perform his functions.

In the event that the office of the Chief Executive Officer is vacant for more than six months, the Minister shall appoint another person to be the Chief Executive Officer, and upon such appointment, the previous Chief Executive Officer shall cease to hold office.

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Appointment of employees of the Commission

The Commission may, with the approval of the Minister, determine the conditions of service of its employees.

Loans, scholarships and advances

The Fund shall consist of—

paying any expenditure lawfully incurred by the Commission;

paying for the remuneration, allowances and other expenses of the members of the Commission, members of the committees and employees of the Commission;

paying any other expenses, costs or expenditure in relation to the procurement of goods and services, including the engagement of consultants, legal fees and costs and other fees and costs, properly incurred or accepted by the Commission in the performance of its functions and exercise of its powers under the competition laws;

purchasing or hiring equipment, machinery and any other materials, acquiring land and any assets, and erecting buildings, and carrying out any other works and undertakings in the performance of its functions and exercise of its powers under the competition laws;

repaying moneys borrowed and the interest due thereon;

granting of loans, scholarships, advances, retirement benefits, pensions, gratuities and other benefits; and

generally, paying any expenses for carrying into effect the provisions of the competition laws.

Conservation of the Fund

Before 1 September of each year, the Commission shall submit to the Minister an estimate of its expenditure (including the expenditure for research and development programmes) for the following year in such form and containing such particulars as the Minister may direct.

The Minister shall, before 1 January of the following year, notify the Commission of the amount authorized for expenditure generally or of the amount authorized for each description of expenditure based on the estimate prepared under subsection (2).

The Commission may, at any time, submit to the Minister a supplementary estimate of its expenditure for any one year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimate.

Bank accounts

For purposes of an investigation under the competition laws, the Commission may appoint its employee or any other person to be a Commission officer.

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A Commission officer who is not an employee of the

Commission shall be subject to obligations of secrecy under section 43, and shall enjoy protection and indemnity as may be specified in this Act or other written law applicable to an employee of the

Commission, as the case may be.

A Commission officer shall have all the powers necessary to carry out inspection and investigation of any offence or infringement under the competition laws.

Interworking with other authorities

no member of the Commission or any of its committees or any employee or agent of the Commission or any person attending any meeting of the Commission or any of its committees, whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties and which is not published in pursuance of the competition laws;

and

no other person who has by any means access to any information or documents relating to the affairs of the

Commission shall disclose such information or document.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.

Representation in civil proceedings

in any civil proceedings by or against the Commission;

in any civil proceedings against any employee or

Commission officer in relation to the performance of his functions under the competition laws; or

in any other civil proceedings in which the Commission is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the Commission for that purpose may, on behalf of the Commission, or the employee or Commission officer, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the Commission.

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Power to employ

For the purposes of this section, “electronic” means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other technology as may be determined by the Commission.

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