The Competition Commission (MyCC) released in May 2022 its proposed amendments to the Competition Act to introduce merger control in Malaysia. What should enterprises do if there is a possibility of a prohibited merger or anticipated merger? MyCC may then issue a decision to (i) block the anticipated merger; (ii) clear the anticipated merger unconditionally; or (iii) clear the anticipated merger with the condition that the enterprises comply with commitments they have offered. If MyCC has not arrived at any decision on the anticipated merger after 120 working days, the anticipated merger shall be deemed to be approved. Challenges in enforcing merger control in MalaysiaMerger control can be a delicate balancing exercise for small market economies like Malaysia.
