Issues Related to Competition Laws

Malaysia

In Malaysia, competition areas of particular concern are with regard to Restrictive Business Practices such as collusive tendering, market allocation or quota refusal to supply, cartel price fixing, predatory pricing etc., which are strongly suspected, but which the existing laws cannot completely prohibit or control. Other areas of particular concern are with regard to issues of market power arising from corporate mergers, takeovers and restructuring activities of enterprises.

List of Malaysian Laws Regulating Businesses/

Providing Consumer Protection

	Legislation	Propose	Enforcement Agency
1	Price Control Act,1946	An Act to provide for the control of prices. To require price tagging and labelling of goods.	Ministry of Domestic Trade and Consumer Affairs
2	Control of Supplies Act, 1961	An Act to Provide for the control and rationing of supplies of controlled articles. To prohibit such acts like hoarding or refusal to sell controlled goods.	Ministry of Domestic Trade and Consumer Affairs
3	Control of Paddy and Rice Act, 1974	An Act to control (store and manage) the supply of paddy and rice domestically and ensure a stable price for both farmers and consumers. To ensure adequate supply of rice in any situation, especially during national emergencies.	Ministry of Agriculture
4	The Rent Control Act, 1966 The Rent Repeal Act, 1997	An Act relating to the control of rent within the States of Malaysia. An act to repeal the Rent Control Act, 1966 and to provide for transitional provisions for the period 1.9.97 - 31.12.99.	Ministry of Housing and Local Government
5	The Road Transport Act, 1997	An Act to regulate public transport services.	Military of Transport
6	The Standard act of Malaysia, 1995	An Act to determine standards and the conduct of research on products in the market. The Act is also intended to increase society's standards of living especially in areas of safety and welfare.	Ministry of Science, Technology and the Environment.
7	The Food Act, 1983	An act to regulate the sale of foodstuff so as not to endanger consumers, besides ensuring that food content is not harmful.	Ministry of Health
8	The Prevention and Control of Diseases Act, 1988	An Act related to the prevention and control of communicable diseases. Empowers the Assistant Health Officer to enter Premises for the purpose of carrying out checks and examinations.	Ministry of Health
9	The Pharmaceuticals (Advertisement and Sales) Act, 1956	An Act to control and restrict the advertisement of pharmaceutical products which may influence or entice the use of the product for purpose of treating contain dangerous conditions. All advertisements for pharmaceutical products also need to receive prior approval from the Ministry of Health.	Ministry of Health
10	The Factories and Machineries Act, 1967	An Act pertaining to the regulation of factories and machineries by way of registration and examination of such machinery to ensure the maintenance of health and safety standards, including the welfare of all parties involved.	Ministry of Human Resources
11	The Pesticides Act, 1974	An Act to regulate the import, manufacture, sale and storage of pesticides by way of registration requirements and permits.	Ministry of Agriculture
12	The Animals ordinance, 1953	An Act to regulate the import and export of animals and birds to prevent the spreading of diseases.	Ministry of Agriculture
13	The Sale of Drugs Act, 1954	An Act to regulate and formulate regulations vis-a-vis the import and export, manufacture, sale and use of opium and other dangerous drugs.	Ministry of Health
14	The Electricity Act, 1949	An Act which enables the National Electricity Board to regulate the following: - determine billing rates; and - the licencing of assembly and construction activities to guarantee quality of work and ensure consumer safety.	Ministry of Energy, Telecommunications and post
15	The poisons Act, 1952	An Act to regulate the import, manufacture, storage, transport, sale and use of all types of poisons.	Ministry of Health
16	The Environment Quality Act, 1974	An Act responsible for the coordinating of all activities pertaining to the disposal of substances into the environment, so as to control pollution levels and protect and improve the quality of the environment.	Ministry of Science Technology and the Environment
17	The Trade Description Act, 1972	An Act to relating to merchandise marks Prohibiting misdescription of goods, false or misleading indication as to the price of goods and false or misleading statements as to any services, accommodation or facilities provided in the course of a trade or facilities and conferring power to require information or instructions relating to goods to be marked on or to accompany the goods or to be included in advertisements and for related purposes.	Ministry of Domestic Trade and Consumer Affairs
18	The Pharmaciats Registration Act, 1951	An act to ensure that the Pharmacists Board registers its fellow pharmacists prior to their being allowed to carry out activities. The Act also regulaes unqualified pharmacists.	Ministry of Health
19	The Fisheries Development Board Act, 1971	An Act intended to develop fisheries into an efficient and effective industry. The Act provides for coordinated credit facilities for fishermen. The Act further regulates unfair or improper business or marketing activities in the fisheries industry.	Ministry of Agriculture
20	The Hire-Purchase Act, 1967	An Act to regulate the form and contents of hire-purchases agreements and the rights and duties of parties to such agreements.	Ministry of Domestic Trade and Consumer Affairs
21	The Insurance Act, 1963	An Act which regulates the running and activities of insurance companies by way of registration.	Ministry of Finance
22	The Moneylenders Act, 1951	An Act to regulate the activities of individuals or companies engaging in money loans, for which a license is mandatorily required.	Ministry of Finance
23	The Pawn-Brokers Act, 1972	An Act requiring any person engaging in pawn-broking activities to mandatorily obtain a licence prior to functioning as a pawn-broker.	Ministry of Housing and Local Government
24	The Sale of Act, 1957	Goods An Act relating to the sale of goods Between parties engaging in sales and purchase of goods, including the protection of consumers by ensuring the merchantability and guarantability of goods.	The Civil laws of Malaysia
25	The Contracts Act, 1950	An Act which outlines the duties and responsibilities of all parties engaging in any kind of contract or agreement.	The Civil Laws of Malaysia
26	The Weights and Measures Act, 1972	An Act to establish units of measurement and standards of mass and measure based on the International System of Units to regulate weights and measures and instruments for weighing and measuring for use for trade and to make provisions for matters connected therewith and ancillary thereto.	Ministry of Domestic Trade and Consumer Affairs
27	The Housing Developers (Control and Licensing) Act, 1966	An Act which regulates and licenses all housing development activities in order to ensure that no deviations occur within the industry.	Ministry of Housing and and Local Government
28	The Finance (Banks and Financial Institutions) Act, 1986	An Act Which regulates lending activities By banks, financial institutions and companies by way of licence issuance and control.	The Central Bank of Malaysia
29	The Direct Sales Act 1993	An Act to provide for the licensing of persons carrying on direct sales business, for the regulation of direct selling and for other matters connected therewith in order to: 1. ensure that the industries develop in an ethical manner. 2. prohibit pyramid selling scheme. 3. ensure consumers are protected.	Ministry of Domestic Trade and Consumer Affairs.
30	The Trade Marks Act 1976	Acts to safefuard the interests of the respective owners of intellectual property.	Ministry of Domestic Trade and Consumer Affairs.
31	The Patents Act 1983
32	The copyright Act 1987	An Act to accord adequate protection for copyright owners in works like book, music, film, etc; taking into account public interest. The copyright law provided several exclusive rights to owners, e.g. the right in reproduction, performance, distribution, etc. The law also provides several exemptions where permission from the copyright owner.	Ministry of Domestic Trade and Consumer Affairs.
33	The Industrial Design Act 1996	An Act to give opportunity for the registration system of industrial design.	Ministry of Domestic Trade and Consumer Affairs.
34	The Companies Act 1965	An Act relating to formation of companies and the regulation of their affairs.	Ministry of Domestic Trade and Consumer Affairs
35	The Kootu Fund (Prohibition) Act, 1971	An Act to put a stop to all undertakings which promote or are designed to promote kootu funds.	Ministry of Domestic Trade and Consumer Affairs.
36	The Securities Industry Act, 1983	An Act to make provisions with respect to stock exchange, stock brokers and other persons dealing in securities, and for certain offenses relating to trading in securities, and for other purposes connected therewith.	Securities Commission
37	The Registration of Businesses Act, 1956	An Act to provide for the registration of businesses.	Ministry of Domestic Trade and Consumer Affair
38	The Customs Act, 1967	An Act relating to customs.	Customs and Excise Department
38	The Customs Act, 1967