Industry / Competition / Infringement proceedings

Infringement Proceedings

One of MAVCOM’s responsibilities is to investigate any infringement of a prohibition against anti-competitive behaviour, i.e. anti-competitive agreements, abuse of a dominant position and mergers/anticipated mergers that result in a substantial lessening of competition.

Investigation

MAVCOM will carry out an investigation if there is reason to suspect that there is an infringement of any prohibition of anti-competitive behaviour. If you are aware of any infringement of competition law in the aviation service market, you may submit a written complaint to MAVCOM through our contact page, together with any supporting documents or information to substantiate your complaint. Upon receiving a complaint, MAVCOM will carry out an initial enquiry before deciding whether to initiate a formal investigation.

MAVCOM has the power to issue directions on interim measures during an ongoing investigation under specific circumstances for the purpose of preventing serious and irreparable damage or to protect the public interest. Before an interim measure is taken by MAVCOM, the person in question will be notified and given an opportunity to make written representations.

Investigation findings and actions

Upon completing the infringement investigation, MAVCOM will give notice of its decision to all affected parties. If MAVCOM finds that there has been an infringement, it shall require that the infringement be ceased immediately. It may also take steps to end the infringement and impose a financial penalty on the infringing enterprise.

Any parties affected by an investigation’s findings can apply to the Minister of Transport for an exemption from the prohibition on the ground of public interest. Such application must be submitted within 14 days from the date of MAVCOM’s notice on its decision.

Any person aggrieved by a decision of MAVCOM may also make an appeal to the High Court within three months from the date of the communication of the decision.

MAVCOM may bring proceedings before the High Court of Malaysia against any person who does not comply with its direction or decision.

Leniency

MAVCOM may offer leniency to enterprises that have admitted its involvement in an infringement and significantly assisted MAVCOM in other infringement investigations. The amount of reduction available to an enterprise under the leniency regime depends on various factors, including when the enterprise admitted its involvement in an infringement and began assisting MAVCOM.

Division 5 of Part VII, Part XII & Part XIII of the Malaysian Aviation Commission Act 2015