# Competition Act 2010: Cartel and Abuse-of-Dominance Rules for Malaysian Businesses > Malaysia's Competition Act 2010 bans cartels and abuse of a dominant position, with fines up to 10% of worldwide turnover. A 2026 amendment Bill, passed by both Houses of Parliament in July 2026, would sharpen the enforcer's teeth. - Category: business - Language: en - Status: published - Updated: 2026-08-07 - Canonical: https://negaraku.md/en/business/competition-act-malaysia --- Agreeing with a rival to keep prices high, or quietly taking turns to win government tenders, is not shrewd business in Malaysia — it is a breach of the law that can cost a company one-tenth of everything it earns worldwide. That law is the **Competition Act 2010**, which came into force on 1 January 2012 and is enforced by the **Malaysia Competition Commission (MyCC)**. It applies broadly across the economy, and it turns on two prohibitions. ## What agreements between businesses are banned? The first prohibition (Chapter 1) targets **anti-competitive agreements**. Section 4 catches both horizontal deals (between competitors) and vertical ones (along a supply chain) that significantly prevent, restrict or distort competition. Certain conduct is treated so seriously that Section 4(2) **deems** it anti-competitive by its object — meaning MyCC does not have to prove market harm separately. That list includes agreements to: - fix prices or trading conditions; - share markets or sources of supply; - limit or control production, market outlets, technical development or investment; and - rig bids or tenders. Bid-rigging — cover bidding, bid suppression or "taking turns" to win contracts — falls squarely in this category and is a frequent target of enforcement. ## What counts as abusing a dominant position? The second prohibition (Chapter 2, Section 10) bans an enterprise from **abusing a dominant position** in a market. Being big is not itself illegal; abusing that power is. MyCC generally regards a **market share above 60%** as an indicator of dominance, though it also weighs barriers to entry and buyer power. Abusive conduct can include predatory pricing, price discrimination, refusing to supply, and imposing unfair prices or trading conditions. ## What are the penalties — and any way out? A proven infringement of either prohibition can attract a **financial penalty of up to 10% of the enterprise's worldwide turnover** over the period the infringement lasted. For a group, that turnover can be assessed across the parent and subsidiaries as a single economic unit. There are relief valves. A **leniency programme (Section 41)** offers up to a **100% reduction** in penalty for a cartel participant who discloses its involvement and cooperates — a strong incentive to be the first to confess. ## What changes under the Competition (Amendment) Bill 2026? Parliament moved to sharpen MyCC's powers in 2026. The **Competition (Amendment) Bill 2026** passed the House of Representatives (Dewan Rakyat) on 6 July 2026 and was passed by the Senate (Dewan Negara) on 27 July 2026. As of this draft, cited sources do not confirm that the Bill has received royal assent or been gazetted into force, so its provisions are not yet law. Key changes reported by legal commentators and news reports include: - a **formal settlement mechanism**, giving enterprises that admit liability early up to a **40% penalty reduction** — separate from, and in addition to, any leniency discount; - broader **interim powers**, including warning letters after preliminary inquiries and interim directions during live investigations; and - **late-payment charges** for penalties not paid on time. Notably, the Bill did **not** introduce a general merger-control regime. Malaysia still has no economy-wide requirement to notify or seek clearance for mergers, acquisitions or joint ventures under the Act. ## What's next If you run a business in Malaysia, treat pricing talks, tender coordination and information-sharing with competitors as high-risk zones, and keep a written competition-compliance policy. For the authoritative text and the latest guidelines, consult MyCC directly, and take formal legal advice before relying on any exemption or the leniency programme. ## Sources - MyCC Guidelines Series: Chapter 1 Prohibition – Anti-Competitive Agreements — https://www.richardweechambers.com/mycc-guidelines-series-chapter-1-prohibition-anti-competitive-agreements/ (Richard Wee Chambers) - Competition Act in Motion and its Enforcement — https://mahwengkwai.com/competition-act-enforcement-in-malaysia/ (MahWengKwai & Associates) - Antitrust and Competition Laws in Malaysia — https://www.globalcompliancenews.com/antitrust-and-competition-laws-in-malaysia/ (Global Compliance News (Baker McKenzie)) - House of Representatives passes statutory amendments to Competition Act 2010: Key changes under Competition (Amendment) Bill 2026 — https://www.rahmatlim.com/perspectives/articles/33187/mykh-house-of-representatives-passes-statutory-amendments-to-competition-act-2010-key-changes-under-competition-amendment-bill-2026-and-competition-commission-amendment-bill-2026 (Rahmat Lim & Partners) - Malaysia's Competition (Amendment) Bill 2026 and Competition Commission (Amendment) Bill 2026 — https://www.ziclegal.com/resources/malaysias-competition-amendment-bill-2026-and-competition-commission-amendment-bill-2026 (ZICO Law) - Senate passes competition bill to strengthen fight against cartels, monopolies — https://www.malaymail.com/news/malaysia/2026/07/27/senate-passes-competition-bill-to-strengthen-fight-against-cartels-monopoliessenate-passes-competition-bill-4/229163 (Malay Mail) - Competition Bill 2026 arms MyCC with whistleblower cash rewards, 40pc penalty cuts to strengthen cartel crackdown — https://www.malaymail.com/amp/news/malaysia/2026/07/02/competition-bill-2026-arms-mycc-with-whistleblower-cash-rewards-40pc-penalty-cuts-to-strengthen-cartel-crackdown/226112 (Malay Mail) --- Source of truth: https://github.com/negaraku-md/NegaraKu.md License: CC BY-SA 4.0