INTRODUCTION
The Competition Act 2010 prohibits anti-competitive conduct which, among others, includes the practice of anti-competitive agreements and abuse of dominant position. The Competition Commission may commence an investigation and take action against any business, enterprise or company that infringes the Competition Act 2010 including the imposition of penalties.
The Competition Appeal Tribunal (CAT) is a quasi-judicial body established under Section 44 of the Competition Act 2010 and has exclusive jurisdiction to hear appeals against the decision made by the Competition Commission under Section 35 (direction), 39 (finding of non-infringement) and 40 (finding of an infringement) of the Competition Act 2010.
Therefore, any person who is aggrieved or whose interest is affected by a direction or decision of the Competition Commission may appeal to the CAT which has jurisdiction including to confirm or set aside the decision of the Competition Commission which is the subject of the appeal. To ensure that the appeal process at CAT runs smoothly, the appeal procedure has been prescribed under the Competition (Appeal Tribunal) Regulations 2017.
Currently, the membership of the Competition Appeal Tribunal is as follows:
- YA Dr. Shahnaz binti Sulaiman (President);
- YBhg. Datuk Seri Dr. Victor Wee Eng Lye;
- YBhg. Dato’ Asmabi binti Mohamad;
- YBrs. Tuan Mohd Rafee Mohamed;
- YBhg. Dato’ Hj. Che Pee bin Samsudin;
- YBhg. Dato’ Dr. Suhazimah binti Dzazali; ;
- YBhg. Datuk Dr. Mohd. Gazali bin Abas;
- YBhg. Datin Paduka Ang Nai Har;
- YBhg. Dato’ Abdul Aziz bin Abdul Rahim;
- YBhg. Tan Sri Muhammad bin Ibrahim;
- YBhg. Dato’ Zainal Azman bin Abu Seman;
- YBrs. Tuan Chambai Anak Lindong;
- YBrs. SR.Hj. Ishak bin Ismail;
- YBhg. Datuk Ir. Abdullah bin Isnin;
- YBhg. Dato’ Salim bin Parlan
The Competition Appeal Tribunal is administered by a Secretary appointed by the Minister under section 50 of the Competition Act 2010.
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