Article: Regulating competition in the Malaysian telecommunication sector: a need for a new approach? Journal: International Journal of Public Law and Policy (IJPLAP) 2014 Vol.4 No.4 pp.403 - 419 Abstract: The objective of a competition law is to protect the process of competition between firms in the market by preventing any anti-competitive behaviour such as cartel, abuse of dominant position and mergers that have the effect of lessening competition. However, it is often argued that network industries such as telecommunication should be excluded from the application of the generic competition law, as it has particular characteristic such as natural monopoly, the existence of high entry barriers and absence of effective competition in the market which requires continuous monitoring of the market in the form of access regulation and price control. This paper aims to analyse the existing regulatory and institutional framework overseeing competition in the Malaysian telecommunications sector. The main focus of this paper is to analyse the manner in which competition is pursued through specific sector regulation and whether specific rules on competition are effectively and rigorously enforced. This paper then explains the benefits that will arise from the application of the generic competition law to the telecommunication sector and from increasing the role of the competition authority to regulate the same. Inderscience Publishers - linking academia, business and industry through research

Title: Regulating competition in the Malaysian telecommunication sector: a need for a new approach?

Authors: Nasarudin Abdul Rahman; Haniff Ahamat; Juriah Abd Jalil

Addresses: Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, P.O. Box 10, 50728 Kuala Lumpur, Malaysia ' Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, P.O. Box 10, 50728 Kuala Lumpur, Malaysia ' Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, P.O. Box 10, 50728 Kuala Lumpur, Malaysia

Abstract: The objective of a competition law is to protect the process of competition between firms in the market by preventing any anti-competitive behaviour such as cartel, abuse of dominant position and mergers that have the effect of lessening competition. However, it is often argued that network industries such as telecommunication should be excluded from the application of the generic competition law, as it has particular characteristic such as natural monopoly, the existence of high entry barriers and absence of effective competition in the market which requires continuous monitoring of the market in the form of access regulation and price control. This paper aims to analyse the existing regulatory and institutional framework overseeing competition in the Malaysian telecommunications sector. The main focus of this paper is to analyse the manner in which competition is pursued through specific sector regulation and whether specific rules on competition are effectively and rigorously enforced. This paper then explains the benefits that will arise from the application of the generic competition law to the telecommunication sector and from increasing the role of the competition authority to regulate the same.

Keywords: competition law; Malaysia; telecommunications industry; rivalry; competition regulation.

DOI: 10.1504/IJPLAP.2014.065214

International Journal of Public Law and Policy, 2014 Vol.4 No.4, pp.403 - 419

Published online: 21 Nov 2014 *

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Title: Regulating competition in the Malaysian telecommunication sector: a need for a new approach?

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