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:

1. Communication and multimedia sector;
2. Energy relating to gas supply and electricity supply;
3. Upstream petroleum operations;
4. Aviation sector;
5. Postal services sector;
6. Water services sector;
7. Mergers involving banks, insurance companies and investment banks; and

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