Malaysian Airline System Berhad and Another v Competition Commission, and Another Appeal
Appeal Number: TRP 1-2014, TRP 2-2014; Competition Commission
Date of Judgment: 18 February 2016 | Source: Malaysia Competition Commission (MyCC)
On 31.1.2014 the Competition Commission (‘Commission') having conducted investigations issued and handed out its final decision (‘the Final Decision') holding that Malaysian Airline System Berhad (‘MAS') and AirAsia Berhad (‘AirAsia') had infringed the prohibition under section 4(2)(b) read together with section 4(3) of the Competition Act 2010 (‘Act) by entering into a Collaboration Agreement dated 9.8.2011 (‘CA') the object of which is the sharing of market within the air transport sector in Malaysia. Pursuant to section 40(1 )(c) of the Act the Commission imposed a financial penalty of RM10,000,000 on MAS and AirAsia respectively.

IN THE COMPETITION APPEAL TRIBUNAL

Appeal Number: TRP 1-2014, TRP 2-2014

Before: THE HONOURABLE JUSTICE HASNAH MOHAMMED HASHIM - President; TAN SRI DATO' SERI HAIDAR MOHAMED NOR; TAN SRI DATO' SRI DR. SULAIMAN MAHBOB; TAN SRI DATO' DR. LIN SEE YAN; DR. WAN LIZA MD AMIN @ FAHMY

BETWEEN

MALAYSIAN AIRLINE SYSTEM BERHAD ... First Appellant

AIRASIA BERHAD ... Second Appellant

AND

COMPETITION COMMISSION  ... Respondent

Heard at Kuala Lumpur Court Complex on 23 - 26 March, 10 April, 21 - 22 May and 19 October 2015

Click here to view full judgment.

Logan Sabapathy, Tharminder Singh, Carmelia Cheong for the First Appellant, (Messrs. Logan Sabapathy & Co.)

Tay Beng Chai, Leonard Yeoh, Wong Weng Yew, Nicole Leong, Lynette Yee for the Second Appellant, (Messrs. Tay & Partners)

N. Navaratnam, Wong Wye Wah for the Respondent, (Messrs. Navaratnam Chambers)

AND

COMPETITION COMMISSION - Respondent

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