Following the directive by the National Action Council on Cost of Living (NACCOL) to the Malaysia Competition Commission (MyCC) earlier this year to investigate allegations of the cartel in the chicken industry, a task force was set up accordingly to pursue the said investigation. In carrying out its role as a quasi-judicial body, MyCC is led by its Chairman, YBhg. Dato’ Seri Mohd Hishamudin Bin Md Yunus and eight other members of the Commission convened a special meeting yesterday for the tabling of the investigation report by the said task force. They are now evaluating the investigation report.
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If there is evidence of a cartel, a proposed decision under Section 36 of the Competition Act 2010 will be issued against the relevant parties. In the event that there is no evidence to show elements of infringement, the Commission will close the investigation in line with Section 16 of the Competition Act 2010.
In the case of the former where a proposed decision is issued, the relevant parties will be given the opportunity to present their defence through written and/or oral representation to MyCC after the proposed decision is issued and served on the parties. Thereafter, MyCC will issue a final decision on whether there is a finding of infringement or non-infringement of the Competition Act 2010. The finding of an infringement will allow MyCC to impose a financial penalty of up to 10 per cent of the parties’ worldwide turnover and/or other appropriate directives that MyCC see fit.