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Competition Law & Antitrust
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Shearn Delamore & Co.’s Competition Law & Antitrust Practice Group is experienced in advising local and foreign MNCs on competition law matters to ensure compliance with the Competition Act 2010 (“CA 2010”) and the competition law provisions of the Communications and Multimedia Act 1998 (“CMA 1998”). Competition law matters will be regulated by the Malaysian Competition Commission (“MyCC”), which was established under the Competition Commission Act 2010 (“CCA 2010”).

We regularly advise and represent foreign, multinational and Malaysian enterprises on competition law and antitrust matters covering a variety of industries, including consumer goods and services, financial services, general merchandising and retail, logistics, pharmaceutical products, medical devices, telecommunications and multimedia, IT, aviation, direct selling, manufacturing and distribution, construction and others. Our practice includes advising clients, undertaking legal audits and reviews, designing compliance programmes and manuals, assisting clients in preparing for dawn raids and providing legal counsel on matters of competition law generally.

Malaysia’s CA 2010 contains prohibitions against anti-competitive horizontal and vertical agreements and abuses of dominance. This would include competition law matters covering potential cartel and monopoly risks relating to pricing, geographical and territorial issues, exchanges of information, amongst others. There are no merger control or notification provisions in the CA 2010.

Our lawyers are frequently asked to speak at and conduct training in public and in house Competition Law programmes. We are also active in providing feedback to the Malaysian authorities and agencies on issues relating to Competition Law. One of our partners is a member of the Bar Council’s Sub-Committee on Competition Law and MyCC’s Working Committee on External Guidelines.

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Competition Law and Antitrust Advisory
We advise on a wide-ranging spectrum of competition law issues that our clients face in their horizontal and vertical relationships with their suppliers, retailers, customers and competitors, as well as potential abuses of dominant positions. We advise on a complete range of antitrust and competition issues such as exclusive dealing arrangements, licensing and distributorship, territorial restrictions, pricing issues, retail and resale pricing, dominance and potentially abusive conduct relating thereto, state aid, liberalisation, privatisation, discounts, tying and bundling, rebates, incentives loans, franchising, intellectual property rights (“IPR”), cartel arrangements, public procurement and trade, dawn raids, memberships of trade and industry associations, proposed concentrations and business combinations and attendant risks relating to concerted practices, which may give rise to competition law concerns. We also provide advice on joint ventures, technology transfer agreements as well as methods to structure associated agreements.
Compliance Audits, Reviews and Due Diligence
We advise clients in a wide range of industries on compliance issues, covering, amongst others, existing business practices and transactions of enterprises. We have extensive experience in conducting due diligence exercises and legal audits for our clients and regularly assist our clients in creating awareness and educating their personnel on competition law and in designing, implementing and monitoring competition and compliance programmes.
Enquiries, Investigations and Dawn Raids
We advise on the risk of penalties for the infringement of CA 2010 prohibitions in regard to criminal sanctions for various offences under the CA 2010, MyCC’s powers of investigation, search, seizure, surveillance as well as leniency, undertaking and other salient provisions. We advise on document production, confidentiality and privilege issues and assist in drawing up dawn raid response protocols.

We are the Malaysia representative firm for the World Law Group’s Dawn Raid Response Programme.
Competition and Antitrust Disputes and Private Actions
With our extensive multi-disciplinary experience in all areas of litigation and dispute resolution, we are uniquely placed in being able to offer our clients advice and representation in resolving competition law and antitrust disputes.
Interaction with Tax and Revenue Law
We are experienced in advising clients on matters relating to tax and revenue law, in particular, tax law advisories, tax litigation matters, transfer pricing cases, anti-avoidance cases, international tax matters, dawn raids, audits and investigations under the tax and revenue laws of Malaysia. We are able to call upon this experience in advising clients on the interaction between tax law principles and competition law and antitrust considerations covering matters such as pricing, transfer pricing, information exchanges and group and business structures and combinations.
Interaction with Intellectual Property Law & Rights
We advise on competition law and antitrust compliance in connection with IPR dealings, transactions, contracts and agreements including licensing and distribution terms as well as advising on potential anti-competitive behaviour and practices in the light of IPR.
Interaction with Employment & Labour Law
We are able to advise on the impact of competition law and antitrust on employment contracts, anti-poaching agreements, non-solicitation clauses and collective agreements and offer practical solutions to our clients to address potential risk areas.
Dato' Johari Razak
K Shanti Mogan
Anand Raj
Indran Shanmuganathan
Yee Mei Ken
Irene Yong Yoke Ngor
Jyeshta Mahendran
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