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Competition Act 2010


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Competition Act 2010

  1. 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 LumpurCASES ON COMPETITION ACT ENDED WITH WORKSHOP MODERATORSSUBSTANTIAL 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:
  2. 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 ATTENDWith the new Malaysian Competition Act 2010 coming into force on 1st Jan 2012 any enterprise engaging in the fixing of pricesor 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 horizontaland 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 potentialbreaches of the Competition Act 2010. Enterprises engaged in commercial activities would either have to get their practicesand 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 wouldinclude 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 inplace. Besides your Legal Advisors it is critical that your senior management, directors, heads of department, businessstrategists, management staff, sales and marketing divisions and other visionaries have a clear understanding of this new lawand its implications. It would be unthinkable for managers to have to explain to their board of directors that after months oryears of planning and executing strategies, a corporation/organisation is being investigated by MyCC and could end up facinga very substantial infringement penalty, which could reach up to 10% of worldwide turnover of the organisation (which couldinclude the worldwide turnover of a group of companies). Attend this comprehensive workshop and get your pressing questionsmainly 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 CATSCOPE 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 KeepingHORIZONTAL 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 LawABUSE 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! 1 2 3 4
  3. 3. 1st (Thu) & 2nd (Fri) December, 2011 Menara KL, Kuala LumpurYour 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. 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 1176A. Delegate’s details 1st & 2nd December, 20111. Name : Menara KL, K LumpurPosition :Email :2. Name : 18th (Sun) & 19th (Mon) Oct, 2009 - Renaissance, DubaiPosition : 2-Day FeeEmail : RM2490 per delegate (booked before 18th Nov, 2011)3. Name :Position : RM2690 per delegate (booked after 18th Nov, 2011)Email : RM2190 per delegate for group registration of 3 and aboveOrganisation : (Fee includes documentation, refreshment & lunch)Address :Town : METHOD OF PAYMENT : Payment is required within 5 working days from the invoiceState : Postcode : date.Nature of Business : 1) Cheque : Made payable toTel: Fax: Frontier In Knowledge Sdn Bhd 2) Bank : Maybank, Desa Pandan Branch, Kuala Lumpur Account Number : 564548102151 (Quoting your Company Name and our invoice no as reference)B. The Invoice should be directed to Mr/Ms (Dept):Name : CANCELLATIONS & SUBSTITUTIONS : All cancellationsDept : of registration must be made in writing. If cancellation is received before 18th November, 2011 you will be entitled to aTel: Fax: 50% refund. Regrettably, no refund will be made for cancella- tion after 18th November, 2011. However, a complete set ofEmail : documentation will be sent to you. Substitutions are welcomed at anytime.C. Authorising Manager’s details NOTE : It may be necessary for reasons beyond control, to change the content and timing of the event, speaker(s) orName : venue. Every effort will be made to inform the participants ofPosition : the change. FIK International should not be held liable for any costs arising from this change without prejudice.Tel: Fax: BUSINESS OPPORTUNITIES : A limited amount of exhibition spaceSignature : is available at the workshop. Sponsorship opportunities coveringDate : the lunch and documentation also exist. For further details, contact Mr Saravanan, Sponsorship Manager in Kuala Lumpur office at (603) 9206 9000. This booking is invalid without a signature REGISTER NOW Contact Vijay or Marina Frontier In Knowledge International 23-1, Jalan 2/76C, Desa Pandan, 55100 Kuala Lumpur, MALAYSIA ℡ (603) 9206 9000 / 9200 8500 (603) 9281 1176 Singapore Mumbai Shanghai Hong Kong Jakarta Bangkok Manila Kuala Lumpur 1 2 3 4