MyCC can’t challenge own tribunal’s rulings, Court of Appeal rules
The bench says the competition watchdog must accept the Competition Appeal Tribunal's decisions unless Parliament expressly gives it a right of appeal.
The Malaysia Competition Commission (MyCC) has been denied the ability to challenge its own appellate body, the Competition Appeal Tribunal (CAT), through judicial review, according to the Court of Appeal. MyCC was found unable to use judicial review to overturn CAT's decision to nullify financial penalties imposed on 23 insurers for anti-competitive practices.
The case began with MyCC's 2020 ruling that the General Insurance Association of Malaysia and 22 insurers had engaged in anti-competitive practices, resulting in financial penalties. However, CAT reversed the decision in 2022, stating the insurers had not violated the Competition Act 2010. MyCC subsequently sought judicial review to challenge CAT's ruling.
The Court of Appeal ruled that MyCC lacked the standing to do so, as it was bound by a previous Court of Appeal decision which stated MyCC had no standing to challenge a CAT decision. The Court of Appeal also dismissed MyCC's arguments based on a previous case and its contention that the MAS decision affected the High Court's supervisory jurisdiction.
Furthermore, MyCC was found to have failed to provide full and honest disclosure during its judicial review request, a serious breach of its duty to act with integrity and candor.
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- MyCC can’t challenge own tribunal’s rulings, Court of Appeal rules freemalaysiatoday.com
