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Competition Act 2010 Chapter 2 — Abuse of dominant position

s 10 · 1 section

Abuse of dominant position is prohibited

s 10

(1) An enterprise is prohibited from engaging, whether independently or collectively, in any conduct which amounts to an abuse of a dominant position in any market for goods or services. (2) Without prejudice to the generality of subsection (1), an abuse of a dominant position may include— (a) directly or indirectly imposing unfair purchase or selling price or other unfair trading condition on any supplier or customer; (b) limiting or controlling— (i) production; (ii) market outlets or market access; (iii) technical or technological development; or (iv) investment, to the prejudice of consumers; (c) refusing to supply to a particular enterprise or group or category of enterprises; (d) applying different conditions to equivalent transactions with other trading parties to an extent that may— (i) discourage new market entry or expansion or investment by an existing competitor; (ii) force from the market or otherwise seriously damage an existing competitor which is no less efficient than the enterprise in a dominant position; or (iii) harm competition in any market in which the dominant enterprise is participating or in any upstream or downstream market; (e) making the conclusion of contract subject to acceptance by other parties of supplementary conditions which by their nature or according to commercial usage have no connection with the subject matter of the contract; (f) any predatory behaviour towards competitors; or (g) buying up a scarce supply of intermediate goods or resources required by a competitor, in circumstances where the enterprise in a dominant position does not have a reasonable commercial justification for buying up the intermediate goods or resources to meet its own needs. (3) This section does not prohibit an enterprise in a dominant position from taking any step which has reasonable commercial justification or represents a reasonable commercial response to the market entry or market conduct of a competitor. (4) The fact that the market share of any enterprise is above or below any particular level shall not in itself be regarded as conclusive as to whether that enterprise occupies, or does not occupy, a dominant position in that market.

Back to Competition Act 2010 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 September 2024 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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