This document provides information on an upcoming two-day law series masterclass on issues, challenges, and implications of competition law in Malaysia. The masterclass will cover topics such as cartels, prohibited agreements, abuse of dominance, investigations and enforcement by the Malaysian Competition Commission (MyCC). It will help participants understand Malaysia's Competition Act 2010 which takes effect on January 1, 2012 and risks of non-compliance such as substantial financial penalties. The event aims to educate senior management and legal advisors of businesses about competition law and compliance.
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Competition Act 2010
1. L A W S E R I E S M A S T E R C L A S S
Critical update on issues, challenges and implications on the
Law which will effect your business landscape
Law which will effect your business landscape
1st (Thu) & 2nd (Fri) December, 2011
Menara KL, Kuala Lumpur
CASES ON COMPETITION ACT ENDED WITH WORKSHOP MODERATORS
SUBSTANTIAL FINE
ANAND RAJ (Chief Moderator)
European Commission fines car glass producers over Euro 1.3 billion for SHEARN DELAMORE & CO
market sharing cartel. (12th November, 2008) Advocate & Solicitor
The world’s largest cement maker, lost a challenge at the European Union’s Partner of Competition Law &
highest court to a Euro 249.6 million antitrust fine levied by EU regulators. Antitrust Practice Group
(Jun 17, 2010 - Bloomberg)
CYNTHIA LIAN
European Commission fines members of lifts and escalators cartels over SHEARN DELAMORE & CO
Euro 990 million. (21st February, 2007) Advocate & Solicitor
Antitrust: European Commission fines banana suppliers Euro 60.3 million Senior Legal Assistant of Competition
for running price cartel. (15th October, 2008) Law & Antitrust Practice Group
European Commission fines producers and traders of synthetic rubber JYESHTA MAHENDRAN
Euro 519 million for price fixing cartel. (29th November, 2006) SHEARN DELAMORE & CO
Advocate & Solicitor
European Commission fines members of beer cartel in The Netherlands over
Euro 273 million. (18th April, 2007) Partner of Intellectual Property
Practice Group
The European Commission has imposed a total of Euro 74 million fines on
Sony, Fuji and Maxell for fixing prices for professional videotapes sold to IRENE YONG
customers in Europe. (20th November, 2007) SHEARN DELAMORE & CO
Advocate & Solicitor
European Commission fines members of gas insulated switchgear cartel over
Euro 750 million. (24th January, 2007) Partner of Tax & Revenue
Practice Group
Organised by
For details contact:
Tel: (603) - 9206 9000
FIK
I N T E R N AT I O N A L
Fax: (603) - 9281 1176
or email: [email protected]
2. 1st (Thu) & 2nd (Fri) December, 2011
Menara KL, Kuala Lumpur
“That (price-fixing) is like a cartel....The Malaysian Competition Commission (MyCC) will
take action on any kind of ‘ganging-up’ among industry players.” -
Domestic Trade, Cooperatives and Consumerism Minister, Datuk Seri Ismail Sabri Yaacob. (Source: Sunbiz - 18th Oct, 2011)
WHY YOU SHOULD ATTEND
With the new Malaysian Competition Act 2010 coming into force on 1st Jan 2012 any enterprise engaging in the fixing of prices
or other trading conditions with their competitors, would face serious infringement penalties. Price fixing, predatory pricing,
consumer protection, abuse of dominance, bid-rigging, cartelisation, imposing barriers to entry, anti-trust, prohibited horizontal
and vertical agreements, etc are some of the terms which may haunt Malaysian Enterprises if they are not ready for this Act.
Any commercial sector and enterprise can be investigated by the Malaysian Competition Commission (“MyCC”) for potential
breaches of the Competition Act 2010. Enterprises engaged in commercial activities would either have to get their practices
and house in order by 2011 or risk being challenged in regard to potentially anti-competitive conduct.
The respective Competition Commission and Authorities of numerous jurisdictions have taken action against, amongst others,
employment agencies, coach operators, ticketing agencies, modeling agencies, vitamin cartels, air cargo operators, airlines,
etc. Globally almost every sector has faced competition and antitrust challenges and some familiar business sectors would
include oil & gas, airlines, financial institutions, the pharmaceutical industry, manufacturing, ports, telecommunications,
construction and healthcare.
To date, more than 100 countries around the world have either some form of competition or antitrust policies or legislation in
place. Besides your Legal Advisors it is critical that your senior management, directors, heads of department, business
strategists, management staff, sales and marketing divisions and other visionaries have a clear understanding of this new law
and its implications. It would be unthinkable for managers to have to explain to their board of directors that after months or
years of planning and executing strategies, a corporation/organisation is being investigated by MyCC and could end up facing
a very substantial infringement penalty, which could reach up to 10% of worldwide turnover of the organisation (which could
include the worldwide turnover of a group of companies). Attend this comprehensive workshop and get your pressing questions
mainly on the What, Why, Who, When, Where and How surrounding the Competition Act 2010 answered.
UNDERSTANDING THE ESSENTIALS OF COMPETITION INVESTIGATIONS, ENFORCEMENT, APPEAL &
LAW AND ANTITRUST JUDICIAL REVIEW
History of competition law and antitrust Broad Powers of MyCC under CA
Development of the Law in the USA, EC and other Investigation & Enforcement
jurisdictions Offences & Penalties
What are Cartels and Why are they Anti-Competitive? Private Law Actions and Remedies
What are the “Hardcore Areas” and how does Malaysia fare? Leniency Regime & Waiver/Reduction of Infringement
Important Aspects of the Malaysian Competition Act 2010 Penalties
(“CA”) Undertakings and Settlements
Current International Themes in Competition & Antitrust: Experience and Case Studies from other relevant
Where do we go from here? Jurisdictions
Right of appeal to the CAT and Judicial Review of CAT
SCOPE OF THE COMPETITION ACT AND KEY PROVISIONS decisions
Understanding Salient Words and Phrases
The prohibitions: Anti-Competitive Conduct INTERACTIVE SESSION
Relief of liability: Pro-Competitive Conduct Case Studies
Exclusions & Exemptions Basic Analysis of Problems
Other Regulatory Provisions Proposing Solutions
Practical Challenges and Problems for Businesses Group Discussions
Transactional Issues and Analysis in Mergers,
THE MALAYSIAN COMPETITION COMMISSION (“MYCC”) Acquisitions and New Projects
Powers
Responsibilities COMPLYING WITH THE CA: PRACTICAL ISSUES
Constitution Global Health Checks
Functions Internal Reviews & Audits
Issuance of Guidelines Transactional Analysis
Record Keeping
HORIZONTAL AND VERTICAL PROHIBITIONS Best Practices
Understanding Horizontal and Vertical Agreements Steering Malaysian Enterprises through the Minefield
Anti-Competitive Conduct, Issues and Practices Localising Competition Policies of MNCs
Determining the “Market” Compliance: Manuals and other Tools
Case studies Dawn Raids: Preparation and Key Considerations
Intellectual Property Rights vs Competition Law
ABUSE OF DOMINANCE
What is a “Dominant Position”? INFRINGEMENT PENALTY ON
Applicable Tests in determining the Existence of a
“Dominant Position” COMPETITON ACT COULD
Identifying Abuses of Dominance REACH UP TO 10% OF
Commercial justification and defences YOUR WORLDWIDE
Case studies
TURNOVER!
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3. 1st (Thu) & 2nd (Fri) December, 2011
Menara KL, Kuala Lumpur
Your Workshop Moderators
- CHIEF MODERATOR -
Mr. Anand Raj was admitted as an Advocate & Solicitor of the High Court of Malaya in 1996 after obtaining an LLB
(Hons) degree from the University of London in 1994 and the Certificate in Legal Practice in 1995. Anand Raj has
been a partner of Shearn Delamore & Co. since 2003 and is a member of the Competition Law & Antitrust Practice
Group. Anand is also a member of the Competition Law & Antitrust Sub-Committee of the Bar Council, Malaysia.
Mr Anand is active in providing feedback to the relevant authorities and agencies on issues surrounding Competition
Law in Malaysia. He presently Chairs the Bar Council’s Tax and GST Subcommittee.
Anand represents and advises foreign, multinational and Malaysian enterprises on Competition Law & Antitrust. He
is actively engaged in reviewing documentation, practices and compliance and risk levels in such enterprises.
He has extensive experience in advising corporate and multinational clients covering a broad spectrum of commercial
activities and investments including, amongst others, oil and gas companies and related service providers / equipment
suppliers etc, manufacturing companies, IT companies, telecommunications, broadcasting, service providers,
professionals, housing and commercial developers, holding companies, insurance and financial institutions etc. on
tax and corporate law matters.
Over the years Anand has been recognised for his work as Tax Counsel in, amongst others, successive editions of
the Asia Pacific Legal 500, Asialaw Profiles, Asialaw Leading Lawyers, the International Tax Review and Chambers
Asia. The legal firm of Shearn Delamore & Co. has been recognised as Malaysia’s Tax Litigation Firm of the Year for
2007, 2008, 2009 and 2010 by the International Tax Review. The Firm was recognised as the ASIAN-MENA Counsel
“IN-HOUSE COMMUNITY FIRM OF THE YEAR, 2011” in Malaysia for, amongst others, Antitrust / Competition and Tax.
The firm has been recognised as Malaysia’s TAX LITIGATION FIRM OF THE YEAR for 2007, 2008, 2009 and 2010 by
the International Tax Review.
Ms. Cynthia Lian was admitted as an Advocate & Solicitor of the High Court of Malaya in 2005 after obtaining an LLB
(Hons) degree from the University of Northumbria, Newcastle Upon Tyne in 2003 and the Certificate of Legal Practice
in 2004. Cynthia has been a member of Shearn Delamore & Co.’s Tax and Revenue Practice Group since 2005.
Cynthia represents and advises foreign, multinational and Malaysian enterprises on Competition Law. She is actively
engaged in reviewing documentation, practices and compliance and risk levels in such enterprises whilst ensuring
business and operational continuity. She also conducts trainings and workshops for clients and event organisers on
Competition Law.
She advises corporate and multinational clients covering a broad spectrum of commercial activities and investments
such as oil and gas companies and related service providers/equipment suppliers, telecommunications, housing and
commercial developers, holding companies, insurance and financial institutions on tax and corporate law matters.
Over the years, she has various experiences in dealing with governmental authorities.
Jyeshta Mahendran is an advocate and solicitor in Malaysia and called to the Bar of England and Wales. She is a
partner of Shearn Delamore & Co. in the Intellectual Property Department.
She has more than 10 years experience in advising clients on IP related matters and in the prosecution of patent,
trademark and industrial designs for both local and overseas applications. She focuses primarily on all aspects of
trademark prosecution, trademark searches and advise on registrability and trade mark opposition proceedings.
Jyeshta is a committee member of the IP Committee of the Malaysian Bar and sits on the Non- Traditional Trade Mark
Committee of the International Trade Mark Association (INTA). She is also a Committee Member of the Anti Counterfeiting
Committee of the Malaysia Group of the Asian Patent Attorney’s Association (APAA), a member of the Malaysian
Intellectual Property Association (MIPA) and an alumni member of the Association of Overseas Technical Scholarship
(AOTS).
Irene Yong is an advocate and solicitor in Malaysia and a partner of Shearn Delamore & Co. in the Tax & Revenue
Practice Group.
Her practice covers tax litigation, transfer pricing, audit, investigation and advisory work in the field of tax and revenue
law i.e. income tax, real property gains tax, taxation of petroleum and gas companies, indirect taxes, offshore
investments, stamp duty, tax incentives, structuring, trusts and asset protection planning. She has appeared as
counsel for taxpayers before the Special Commissioners of Income Tax and the Superior Courts of Malaysia.
Irene is a member of the International Fiscal Association and the International Fiscal Association – Malaysian Branch.
She is one of the authors of CCH’s Malaysian Revenue Guidelines and Public Rulings, which is a joint effort between
CCH, Shearn Delamore & Co. and KPMG, and The Stamp Act 1949: Commentary and Cases.
WHO MUST ATTEND WORKSHOP TIMING FOR BOTH DAYS:
Business Strategist 08:00 AM Registration
In-House Counsels / Legal Advisor 09:00 AM Workshop commences
Merger and Acquisition team 10:30 AM Morning Refreshments (20 minutes)
Senior Management 12:45 PM Networking Luncheon
Head of Sales & Marketing 01:45 PM Workshop Resumes
Business Development/Analyst 03:30 PM Afternoon Refreshment (20 minutes)
Pricing Manager 05:00 PM Workshop Ends
Procurement Manager
Finance Director
Company Secretary
CEO & General Manager 1 2 3 4
4. 21st (Wed) & 22nd (Thu) April, 2010
REGISTRATION CONTRACT Grand Millennium, Kuala Lumpur
Please complete this form immediately and fax it back to
(603) 9281 1176
A. Delegate’s details 1st & 2nd December, 2011
1. Name : Menara KL, K Lumpur
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18th (Sun) & 19th (Mon) Oct, 2009 - Renaissance, Dubai
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RM2490 per delegate (booked before 18th Nov, 2011)
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RM2190 per delegate for group registration of 3 and above
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Date : the lunch and documentation also exist. For further details,
contact Mr Saravanan, Sponsorship Manager in Kuala Lumpur
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