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Regulating competition in the Malaysian telecommunication sector: a need for a new approach?

Abdul Rahman, Nasarudin and Abdul Jalil, Juriah and Ahamat, Haniff (2013) Regulating competition in the Malaysian telecommunication sector: a need for a new approach? In: 4th International Private Law Conference , 11-15 November 2013, Bangkok, Thailand. (Unpublished)

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Abstract

The objective of a competition law is to protect the process of competition between firms in the market by preventing any anti-competitive behaviour such as cartel, abuse of dominant position and mergers that have the effect of lessening competition. However, it is often argued that network industries such as telecommunication should be excluded from the application of the generic competition law, as it has particular characteristic such as natural monopoly, the existence of high entry barriers and absence of effective competition in the market which requires continuous monitoring of the market in the form of access regulation and price control. In Malaysia, telecommunications sector is regulated by the Malaysian Communications and Multimedia Commission whose duty is to enforce sector specific regulation embodied in the Communications and Multimedia Act 1998. For this reason, the newly enacted Competition Act 2010 expressly excluded this sector from the ambit of the law. This paper aims to analyze the existing regulatory and institutional framework overseeing competition in the Malaysian telecommunications sector. The main focus of this paper is to analyze the manner in which competition is pursued through specific sector regulation and whether specific rules on competition are effectively and rigorously enforced. This paper then explains the benefits that will arise from the application of the generic competition law to the telecommunication sector and from increasing the role of the competition authority to regulate the same.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 6850/34773
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr Nasarudin Abdul Rahman
Date Deposited: 10 Feb 2014 09:17
Last Modified: 11 Feb 2014 02:01
URI: http://irep.iium.edu.my/id/eprint/34773

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