The Malaysia Competition Commission (MyCC) issued a Proposed Decision on June 16 against six companies suspected of participating in a bid-rigging cartel involving a RM5.7 million food supply tender by the National Anti-Drugs Agency (AADK) [1, 2, 3].
MyCC provisionally found these firms had infringed Section 4(1) read with Sections 4(2)(d) and 4(3) of the Competition Act 2010 (Act 712), which address anti-competitive agreements and collusion [1, 2, 3]. Tan Sri Idrus Harun said, "These companies were found to have successively breached Section 4(1), read together with Sections 4(2)(d) and 4(3) of the Competition Act 2010 [Act 712]. The tenders involved carried a procurement value of RM5.7 million" [2].
The suspected cartel involved exchanging information and collusion designed to restrict competition in the supply of raw, fresh, and dried food products to AADK [1, 2, 3]. The Proposed Decision currently remains provisional, meaning the companies are not conclusively found guilty.
Firms have 30 days to submit written responses and may also make oral representations before the commission, according to MyCC. Idrus Harun added, "MyCC will only issue a Final Decision after taking into account the representations submitted by the companies together with all evidence gathered throughout the investigation process" [1, 2, 3].
The commission’s final ruling will follow after reviewing all submitted materials and evidence collected during its inquiry. A statement in Chinese reiterated the Proposed Decision is preliminary and does not imply a violation has been confirmed [3].
