- 5 hours ago
Malaysia is preparing for its biggest competition-law overhaul since the present framework was established in 2010.
On 6 July 2026, the Dewan Rakyat passed the Competition (Amendment) Bill 2026 and the Competition Commission (Amendment) Bill 2026.
The proposed reforms widen the law’s reach, strengthen MyCC’s investigative powers, introduce new protections and rewards for informers, create a formal settlement process and allow appeals from the Competition Appeal Tribunal to the High Court.
What will this mean for companies, investors and consumers? Will tougher enforcement open markets to more businesses and innovation or create new legal and compliance risks as commerce becomes increasingly digital and AI-driven?
Joining Tehmina Kaoosji on NIAGA SPOTLIGHT, Datuk Haji Iskandar Ismail Chief Executive Officer, Malaysia Competition Commission (MyCC) and
Jane Guan, Partner & Co-Head of Competition & Antitrust and Partner, Christopher & Lee Ong.
We examine how the upcoming reforms could reshape corporate conduct, cartel investigations, digital evidence and the way competition works across the Malaysian economy.
On 6 July 2026, the Dewan Rakyat passed the Competition (Amendment) Bill 2026 and the Competition Commission (Amendment) Bill 2026.
The proposed reforms widen the law’s reach, strengthen MyCC’s investigative powers, introduce new protections and rewards for informers, create a formal settlement process and allow appeals from the Competition Appeal Tribunal to the High Court.
What will this mean for companies, investors and consumers? Will tougher enforcement open markets to more businesses and innovation or create new legal and compliance risks as commerce becomes increasingly digital and AI-driven?
Joining Tehmina Kaoosji on NIAGA SPOTLIGHT, Datuk Haji Iskandar Ismail Chief Executive Officer, Malaysia Competition Commission (MyCC) and
Jane Guan, Partner & Co-Head of Competition & Antitrust and Partner, Christopher & Lee Ong.
We examine how the upcoming reforms could reshape corporate conduct, cartel investigations, digital evidence and the way competition works across the Malaysian economy.
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NewsTranscript
00:07Hello, I'm Tamina Kowstree and this is Nyaga Spotlight.
00:10Today on Analysis, our spotlight falls on competition policy,
00:14which shapes the prices consumers pay and the choices we have,
00:17and of course how easily businesses can compete and grow.
00:21Now, earlier this month, the Day One Rakyat passed the Competition Amendment Bill 2026
00:25and the Competition Commission Amendment Bill 2026,
00:28the most significant proposed reforms to Malaysia's competition framework since the Competition Act 2010.
00:34Now, the changes, once in force, will potentially strengthen enforcement powers,
00:39introduce whistleblower incentives and protections,
00:41and expand the tools available to regulators as markets become increasingly digital and data-driven.
00:47But beyond compliance and penalties, stronger competition has the potential to drive productivity,
00:53innovation and business confidence at a time when Malaysia is seeking higher quality growth
00:58and investment.
00:59Joining us today to unpack what these reforms could mean for businesses,
01:03investors and consumers are Datuk Haji Iskandar Ismail,
01:07Chief Executive Officer of the Malaysia Competition Commission, MyCC,
01:11together with Jane Guan, partner and co-head of competition and antitrust practice
01:15at Christopher and Lee Ong.
01:17A very good morning to the both of you.
01:19Thank you for being here.
01:20Thank you so much for inviting us.
01:22Fantastic.
01:23Datuk, if I could get started off by, of course, referring to you and asking about the recent amendments
01:29which have been passed so far in Dewan Rakyat,
01:32and this will eventually give MyCC stronger powers to both investigate
01:36and act against anti-competitive conduct.
01:39Yes.
01:39Tell us in a nutshell, of course, what kind of changes Malaysians can be expecting
01:45to actually see impacting daily lives.
01:48Okay, thank you so much again for ASRO for inviting MyCC.
01:52Well, after 14 years of enforcing the laws, we found gaps and holes in our laws.
01:59So, we have came to a conclusion that we need to amend the law.
02:07So, the main target is for a faster and more effective enforcement.
02:12Yeah, because, you know, when we deal with anti-competitive issues,
02:21we have to correct the market behaviour swiftly and as soon as possible.
02:27So, when we look at our laws, we found that there are certain areas that we have to focus first,
02:37which is on the investigation and enforcement powers.
02:40So, we improve the leniency regime, we improve the undertaking powers,
02:47and then we introduce settlement provision, and then one more is warning letters.
02:55Yeah.
02:56Nowadays, after the amendment, we can issue warning letters to address a small,
03:03but somehow disturbing competition concern in the market.
03:10Yeah.
03:10So, we can somehow allow us at the same time to focus our resources on more pertinent,
03:17serious, and significant matters in the market.
03:19So, we have made changes around 34 sections, comprises of 29 amendments to the existing sections of the law,
03:33and then we introduced five new sections in the law.
03:37And the other law, which is Competition Commission Act,
03:41we have made changes to 10 sections, inclusive of one new section,
03:49which is about power of delegation to certain parties within the commissions.
03:56So, we are hoping that it will somehow help us to deal with the issues on the ground more effectively,
04:07more efficiently, because the thing is, you know, when we are investigating cartels,
04:14you know, it impacts the whole market.
04:16Sure.
04:17For instance, the chicken feed cartel, where we imposed RM415 million of penalty.
04:22That was about 40% of the entire market value.
04:25Yes, yes, yes.
04:26So, that's why it's very important that we need to improve our investigation and enforcement powers.
04:32Absolutely.
04:33And to MyCC's credit, of course, more than 200 companies have been acted against
04:38with regards to the issues that are ongoing,
04:41as well as imposed close to RM700 million in cumulative penalties.
04:45Yes.
04:45Thank you for that, Datuk.
04:47Sorry, if I could just add on to what Datuk Iskandar has mentioned, right?
04:51So, I think Datuk Iskandar has made really good points,
04:54and I've got just one or two points to make.
04:56So, I think that these amendments, they are really significant, you know, a step forward.
05:02And I think that the real measure of success here is really not about, you know, the power on paper,
05:08right?
05:08It's not about how, you know, many decisions or infringement,
05:12infringement decisions or how many investigations that MyCC actually brings or how much fines that actually MyCC collects or issues,
05:20right?
05:20I think the ultimate test here is about, you know, how competitive the market will then become, right?
05:26Like me as a consumer, I would expect, you know, better quality goods, you know, better options, better choices, you
05:34know, better prices.
05:35And as a business, I think I would expect rules that are clear and playing field that is fair, right?
05:42Right. So, if all of these are happening, and then I would say that these reforms are working, right?
05:49But on top of that, I think what is important for everyone to understand is that these changes, they cannot
05:55happen overnight.
05:57Yeah. So, this is something that everyone has to bear in mind.
05:59And even proposed legislation is also the first step, which has been taken in collaboration with the regulators who've been
06:05overseeing for a while.
06:06Thank you for that, Jane.
06:06And also, Jane, now moving into the fact that there's one change that has received a little less attention, which
06:12is the Competition Amendment Bill 2026,
06:15but it now also applies to a much broader range of economic activity than previously.
06:21Tell us a little more about this, especially because I would, previously, the understanding around competition for businesses was quite
06:30exclusive around just price fixing or cartels.
06:33Let's talk about it, what it would mean potentially now, moving forward.
06:37Well, thank you very much, Tamina, for that question.
06:39And I think you have highlighted a very important point here.
06:43So, a lot of times when it comes to competition law, the first thing that comes to people's mind is
06:48that competition law, it's about, you know, price fixing.
06:52You know, it's about cartels, it's about bid rigging.
06:54So, that is actually not the case, right?
06:57So, these amendments, they are actually a reminder to us that competition law is actually a lot broader than that.
07:04And that change to the law, which you highlighted earlier, which is the expansion of the law to also include
07:11economic activities, right?
07:14That is actually one change, I think it is, you know, not received enough attention by the public, right?
07:22Because, you know, the change, a lot of times, you know, people may see this as just a technical change,
07:31right?
07:31But in reality, it brings real practical implications.
07:35On the ground as well.
07:36Yes.
07:36Because the law is now actually casting a wider net, right?
07:40So, previously, the law covers, you know, commercial activities carried out by organizations like profit-making organizations.
07:49But now, it covers, you know, organizations like non-profit organizations, like trade associations and cooperatives.
07:58So, it doesn't mean that, you know, they have done anything wrong, you know.
08:02It doesn't mean that just because they are covered under the law now that they have done something wrong, right?
08:07It merely just means that they have to start asking themselves competition law questions, just like all other businesses have
08:18been doing all along.
08:20So, in short, what I'm trying to say is that, you know, the law, it's not that the law has
08:25become stricter.
08:26It's not that there are more prohibitions being covered by the law now.
08:29It's just that the law has expanded to cover more organizations and that these organizations now, when they carry out
08:38their activities, they will have to ask whether their, you know, conduct or their activity, you know, actually result in
08:46competition in the market being affected.
08:48And if so, whether these activities or whether these conducts, they are anti-competitive.
08:54And just the wider net also ensures that, of course, we see in regular headlines around the year that trust
09:04issues, especially, they're impacting companies and organizations from all sectors.
09:09Thanks for that, Jay.
09:10Dr. Iskandar, let's move a little deeper, especially given MyCC's expertise in the arena.
09:16And now, today, market activity, though, is no longer only in the physical world.
09:22It often happens via data, there's platforms, there's also algorithms, right?
09:26Since so much of our businesses actually happen digitally or online.
09:31How is MyCC preparing for that shift?
09:33And what are some potential technology gaps, perhaps, that MyCC has already observed?
09:39Yes. You know, we started to dwell into this matter since 2019.
09:46When we issued our market review on wholesale and retail, we went into e-commerce market, you know, at that
09:54point of time when COVID struck us, yeah,
09:57we found that only 7% of our businesses in Malaysia are ready, you know, to adapt all these technologies
10:06and digital tools, yeah.
10:08So, it was quite a surprise for us, yeah, at that point of time.
10:12So, and when, after a few years, and then people have became more sophisticated, you know,
10:2098% of Malaysians are now using their phones, you know, to somehow, to, you know, address their daily needs
10:28and whatnot.
10:29Make transactions, receive them.
10:31Yeah, you just imagine if you lose your phone, half of your, somehow, half of your life is somewhere, you
10:37know, lost out there.
10:39Very true.
10:39Yeah.
10:40So, now people are talking about collusion through digital economy, you know, activities, algorithm, and AI and whatnot.
10:50But we have to remember that, you know, whatever it is, all these tools or these technology are created by
10:58human beings, after all, yeah.
11:01So, that's why, you know, there are concerns that, you know, this algorithm or these technology tools can somehow assist
11:09or facilitate cartels along the way.
11:12Yes, research definitely shows for around OECD that larger firms, they have an inherent advantage when it comes to digital
11:19marketing.
11:20But, you know, then early this year, we issued, we published another market review on digital economic ecosystem.
11:29We look into online travel agency, we look into e-commerce again, we look into digital advertising, and then we
11:39look into mobile operating and payment system.
11:41So, we look on everything, you know, basically what we are using every day through our phones, yeah, for our
11:48daily needs, yeah, we study it, yeah.
11:51But, somehow, you know, if you compare to the Western side, yeah, they have moved forward.
11:58They are now busy with AI and whatnot, yeah.
12:02But, I think, I think Malaysia, we have to address the fundamental first, yeah.
12:09This is very important, you know.
12:11You know, you see, whatever it is now, there is a risk that your data is being sold, being used,
12:19being manipulated.
12:20So, but people, they don't realize it, yeah.
12:24That's where our market review shows that, yeah, there must be some action be taken, you know.
12:31So, through competition laws and policies, we found some solutions, yeah.
12:36One of them is that we need to address this matter through Central Digital Economy Task Force comprises of various
12:48agencies in Malaysia.
12:50You know, you know, the laws on digital economy are fragmented, you know.
12:54There's a need for consolidation.
12:56Yes, yes.
12:57But, you know, we can't really consolidate, you know, you know, we put MCMC and MyCC and maybe Adorsum together.
13:06No, no, in one agency.
13:08What we can do is that we have this task force and we want to tell them competition law and
13:14policy is not the only solution.
13:16We need to do it together.
13:19We need to adopt the whole of nation approach.
13:21That oversight.
13:22Yeah.
13:23Thank you very much, Dr. Iskandar.
13:25We take a brief break now.
13:26Don't go anywhere.
13:26We'll be back with the rest of the show.
13:44Welcome back to Niagara Spotlight.
13:46Still with me, Tamina Kausji.
13:47And today the topic is all about competition policy together with MyCC as well as Jane Guan of Christopher Lee
13:54and Ong live in the studios with us.
13:56Dr. Iskandar just had a very good explanation to us about what are the technology gaps.
14:01Jane, I'd like to go now into the new whistleblower provisions, which may come into force soon.
14:07And this could also be just as significant as tougher penalties.
14:11From what you're seeing in practice day to day, are Malaysian companies also building the kind of internal reporting cultures
14:18which are able to then spot the problems early and also escalate them in time?
14:24Right.
14:25Thanks, Tamina.
14:26So, from, so, whistleblowing provisions, I think, you know, with the introduction of whistleblowing provisions in competition law, I think
14:34that the government recognised one very important reality.
14:37And that is the fact that a lot of times cartel activities, it's very hard to detect, right?
14:43So, now with this, you know, reward mechanism, it actually incentivises people to come forward to MyCC to actually report
14:52a competition law infringement.
14:53And with this leniency regime under competition law, now plus the whistleblowing provisions, there's then a dual incentive, right, for
15:03people to actually come forward to report all these competition issues to MyCC.
15:08OK, and that brings me to the point about, you know, why internal reporting system is so important for businesses,
15:17right?
15:18Because if you do not have a strong and robust internal reporting system, your employees, you know, do not have
15:25a channel, right, internally to go to and they may end up going directly to MyCC and report all of
15:33this to MyCC, right?
15:34Right, so what do I mean by a good, robust internal reporting system?
15:38Yeah, something which is beyond just a legal box-ticking exercise, right?
15:42Yeah, so it's, you know, something like, there has to be a very clear channel, right, and your people, the
15:48employees, they have to feel confident, you know, to actually launch the report, right?
15:53There has to be some sort of protection against retaliation, right?
15:57And you have to follow through with all of these reports, right?
16:01You know, take them seriously, investigate them, instead of having them buried away, right?
16:07So, and I think that these days, a lot of times, companies, they feel that, you know, they see internal
16:14reporting system as a threat, as opposed to an opportunity, right?
16:19They see that when there is a strong internal reporting system, it may then surface more problems, right?
16:26But in reality, what they do not see is that it is always good for all of these problems to
16:33surface at an early stage and internally, right?
16:38Because you don't want all of these problems to only surface when the regulators come knocking on your door.
16:44It's a little late at that hour.
16:46Yes, absolutely. That's precisely the point why you need a good, robust internal reporting system, which is why it is
16:54important to have this in your company's compliance culture, right?
17:00And it's no longer just a legal tick box.
17:02Yeah, so independent, trusted, and really able to act in time before the formal investigations begin.
17:08Yes.
17:08Thank you, Jane.
17:09Tadu Iskandar.
17:10Yes.
17:10So, one notable omission, though, from this round of reforms is merger control related.
17:15Tell us more about MyCC's work in this arena, because, of course, you have consistently stated merger review powers are
17:22essential.
17:24Yeah, I don't want to call it as an omission, rather than, I would call it as a rescheduling.
17:32Oh, right. Okay.
17:33So, you know, the government always recognize and acknowledge how important the merger control regime is.
17:42After all, we have a merger control regime in two sector regulators, which are MCMC and CAM.
17:51So, it just so happened that, you know, Jane was involved in our public consultation earlier, a few years back.
17:58You know, we put, you know, the draft provision on merger control in our amendment plan, yeah.
18:06But in July last year, the government came out, you know, issue another RMK, Rancangan Malaysia ke-13, you know,
18:1813 Malaysian plan, yeah.
18:19So, in that RMK 13, yeah, the government put a very specific strategy on competition ecosystem, yeah.
18:33So, strategy A6.2 states clearly that we need to strengthen the competition ecosystem in Malaysia.
18:41So, how they plan it, so they want to centralize the competition powers under one agency, which is MyCC.
18:51So, it means that the competition powers in other sector regulators will be given to MyCC to handle it, to
19:02enforce it.
19:03So, when we do that, yeah, we have to take in their merger regime, yeah.
19:09So, that's why the government said, okay, focus on investigation and enforcement power first on this phase, yeah.
19:17So, the second phase, starting this year also, so we're going to start the exercise to centralize the powers.
19:24So, when we want to centralize the powers, we have to take in everything.
19:29So, in other words, if we introduce now the merger regime, and then later, in one or two years or
19:35three years, we take in their merger powers,
19:38then we have to do another round of amendment.
19:41Yes.
19:41So, that's why they said, okay, reschedule it, yeah, between 2026 and 2030, okay, you plan on it, you know,
19:50do whatever you can,
19:51so that it will be one, you know, wholesale merger regime for everyone.
19:58And, of course, then consumers ought not to be left to deal with the consequences.
20:03So, how do we deal with this, you know, the emergence of dominant players or monopolies, you know.
20:10People are worried about the cement industries, about the medical industries, you know.
20:14There's a lot of mergers taking place around us, yeah, nowadays, yeah.
20:18So, what we can say to the public is that we're going to use our Section 10, which is a
20:26control mechanism on the, you know, activities of dominant players.
20:32So, Section 10 clearly states that, you know, MyCC can take action against dominant or monopolies, you know,
20:39if they abuse their dominant position.
20:41So, yeah, so we have taken action against quite a few dominant or monopolies players in Malaysia.
20:48So, I think, you know, it's a good plan by the government.
20:53It's happening step by step.
20:54Yeah, step by step, yeah.
20:56So, that will be good, you know.
20:58Actually, I do agree that, you know, introducing merger control regime is a very significant policy step, right.
21:05And it really requires this very careful design to actually ensure that not only that competition is preserved,
21:13but it provides certainty to businesses and also investments, right, in Malaysia, right.
21:19There needs to be a right balance.
21:21So, I do understand why the government, you know, thinks that, you know, further engagements and studies are required
21:27before the introduction of merger control regime in Malaysia.
21:31Passing something fairly comprehensive.
21:32And, Jane, perhaps also a response, which is timely now, around how companies need to be reframing,
21:40thinking about digital evidence differently, given that MyCC's investigative powers will be strengthened in the near future
21:48and the fact that so much of day-to-day business communication actually happens online now.
21:54Right.
21:55Okay, I've got three points in response to your question, Tamina.
21:59So, the first point is that I think the law has actually caught up with technology, right,
22:05because MyCC now has the powers to copy and also to seize computerized data.
22:11And with these amendments to the Act, if you attempt to delete, destroy, or even alter evidence,
22:19like computerized data, it is now an official offense, criminal offense, right.
22:24And the second point that I wish to highlight is that, you know, delete is always, is never a real
22:32delete, right.
22:33A lot of times, you know, business owners, they think that it is safe after they delete, you know,
22:39after they have deleted the data.
22:40It is safe after they, you know, if they have their auto-deleting apps turned on.
22:47But that is really just an illusion, right, because competition regulators, and as far as I'm aware,
22:54MyCC, they do have digital investigators, right, who can carry out forensics to retrieve all of this deleted data easily,
23:05right.
23:05So, that is one thing, one point which is very important to take note of.
23:09And so, that brings me to my last point, right, which is why it is very important for businesses to
23:16ensure that their employees have,
23:19this is what we call digital hygiene, right, they know what they can do and what they cannot do, right,
23:27when it comes to, you know, business dealings online, right.
23:32They shouldn't be making informal comments or remarks, you know, when they chat, you know,
23:36have all those WhatsApp discussions with their competitors or their friends, right.
23:40So, again, it is very important for companies to ensure that they actually build a competition compliance culture
23:49into the DNA of the company.
23:52And now, better than ever, right.
23:54Yes.
23:55So, Dathar Iskandar, as we're also looking to land the conversation now,
23:59one last question for you and then for Jane.
24:01Still on the topic of AI for you, Dathar Iskandar.
24:04So, of course, now AI is actually influencing pricing decisions, procurement decisions and even market intelligence
24:12because it's assisted either or even completely operated by AI-related workflow programs for most larger organizations.
24:21So, where does MyCC draw the line when it comes to legitimate automation as well as anti-competitive conduct?
24:30If you've got plenty of companies who work within the same sector arriving at similar outcomes
24:36because they're all utilizing AI mechanics?
24:39You know, it's funny, Tamina.
24:41You see, you know, sometimes I rely on AI also.
24:45You know, in the end, we can never run away from AI.
24:49You know, it somehow, you know, help us in many ways.
24:53But, you know, the objective of competition law, we have to go to the basic, yeah.
24:59The objective of competition law is to promote innovation.
25:02You know, when there's innovation, you know, you know, the market will be somehow much simpler to look at
25:10and then, you know, and then it's somehow it's easy for us to regulate the market at the same time,
25:17yeah.
25:17So, you know, when we talk about AI, yes, we have, you know, the government have created this national office
25:25on AI,
25:26which is a very good move, yeah.
25:29But the tricky question is that, yeah, until today, yeah, the world cannot agree on a single definition of AI,
25:39yeah.
25:40So, that is where the problem, you know, somehow evolved into the discussion where, you know, AI can help, you
25:49know,
25:49or can facilitate collusion and whatnot, yeah.
25:52There are some agreements out there, yeah, between the scholars and then the enforcer that, yes, AI can somehow facilitate
26:01cartels, yeah.
26:03Yeah, we are basically, we are aware of that.
26:06My CC is looking at that, like, you know, Jane said just now, you know, we have the digital forensic
26:14capabilities, yeah.
26:15Yes, we have built that over, I think, over five years already, bit by bit, you know,
26:21but the technology moves so fast that, you know, sometimes you can't catch them up, yeah.
26:26So, anyhow, if you look at the overall market in Malaysia, digital economy consists of AI, algorithm,
26:35somehow we are more users rather than, you know, we don't create, you know, that system, you know, like in
26:43the Western world, yeah.
26:45And then we, somehow we have to accept we are still at the nascent stage.
26:50So, we have this advantage that we can learn from the best, you know, or from the best practices or
26:57from whatever, you know,
27:00you know, rules and policies that have been created outside Malaysia.
27:04So, we are taking self-enforcement approach for now.
27:09Right. Yeah.
27:10And it's good that we're already on that part.
27:12Datuk Iskandar, as well as Jane, thank you so much for the insights and so far.
27:15It's been a very interesting discussion about competition policy in Malaysia.
27:19That's all we have time for today.
27:21I'm Tamina Kausji signing off for now.
27:22See you again next week.
27:33I'm Tamina Kausji signing off for now.
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