Merger Information Sharing Portal
Malaysia Competition Commission_Test
Level 15, Menara SSM @Sentral, 7 Jalan Stesen Sentral 5, Kuala Lumpur Sentral, 50623 Kuala Lumpur, MALAYSIA
+603-3009 1010101
Malaysia’s general competition law, the Competition Act of 2010, does not contain any merger control provisions. However, amendments to the Competition Act is currently being discussed at the Malaysian Parliament which will introduce a merger control regime in Malaysia administered and enforced by the Malaysian Competition Commission. testing
Malaysia’s general competition law, the Competition Act of 2010, does not contain any merger control provisions. However, amendments to the Competition Act is currently being discussed at the Malaysian Parliament which will introduce a merger control regime in Malaysia administered and enforced by the Malaysian Competition Commission (MyCC).
There are also merger control provisions in the 2010 Malaysian Aviation Commission Act (MACA) and the Communications and Multimedia Act, 1998, specific to the aviation and communications industry, respectively.
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There are 3 avenues in which MyCC will be able to assess an M&A transaction:
1. Mandatory notification of anticipated merger that exceeds the notification threshold;
2. Voluntary notification of anticipated merger that does not exceed the notification threshold; and
3. Voluntary notification of merger that does not exceed the notification threshold.
In assessing the merger, MyCC will be using the “substantial lessening of competition” test (SLC).
The periods and timelines of review are as follows:
Under MACA and CMA, notification with the authorities are voluntary at any time before an anticipated transaction that exceeds the notification threshold is carried into effect. MACA is based on turnover while the CMA prescribes a market share based threshold.
The draft merger control law which will be enforced by the MyCC exempts the following sectors:
Mergers involving institutions that is part of the Malaysian capital markets framework such as the Bursa Malaysia (a private enterprise that runs Malaysia’s stock exchange platform) and clearing houses