MyCC can’t challenge own tribunal’s rulings, Court of Appeal rules

The Malaysia Competition Commission (MyCC) has been ruled unable to challenge its own Competition Appeal Tribunal (CAT) rulings through judicial review, according to a decision by the Court of Appeal. The tribunal dismissed MyCC's appeal, ordering the commission to pay RM30,000 in costs to each of nine sets of solicitors involved.

The case centered on MyCC's 2020 decision to impose financial penalties on 23 insurers for alleged anti-competitive practices in the General Insurance Association of Malaysia. However, CAT overturned MyCC's ruling in 2022, finding no infringement of the Competition Act 2010. MyCC attempted to challenge CAT's decision using judicial review, but the Court of Appeal rejected this, stating that MyCC lacked the legal standing to do so.

The court emphasized that MyCC's regulatory role ended after making the adjudicatory decision, and it was functus officio. The Court of Appeal also rejected MyCC's argument that its quasi-judicial capacity allowed it to challenge CAT's decision, as well as its contention that a previous Court of Appeal ruling was per incuriam. Additionally, the Court of Appeal found that MyCC had failed to make full and frank disclosure when seeking judicial review, further reinforcing the conclusion that no right of appeal existed under the current law.