Leading Associates

Firms To Watch: Antitrust and competition

Jason Teoh & Partners focuses on infringement of competition law, regularly defending Malaysia Competition Commission decisions in the Competition Appeal Tribunal, while also handling investigations and dawn raid preparations.

Antitrust and competition in Malaysia

Christopher & Lee Ong

Lauded for its strengths in the antitrust and competition space, Christopher & Lee Ong offers an established and in-depth practice, regularly advising global multinationals, conglomerates and government-linked companies. The team’s core workflows include assisting on investigations by the Malaysia Competition Commission, merger notifications in regulated sectors, and acting as competition law counsel in M&A transactions. Notably, the group has strong economic expertise and frequently evaluates net economic benefits and immunity considerations. The experienced Yon See Ting leads the department and is proficient in both transactional and non-transactional advisory work, regularly acting in dawn raids and cartel investigations, in addition to reviewing anti-competitive agreements and securing merger approvals. Jane Guan is well versed in matters relating to the Competition Act 2010, and often handles work pertaining to abusive conduct and vertical restraints.

Practice head(s):

Yon See Ting


Other key lawyers:

Jane Guan


Testimonials

‘The competition law team has strong knowledge on the area and close rapport with the MyCC authorities.’

‘Yon See Ting and Jane Guan stand out by giving regular training and updates on new developments in competition law.’

‘The team has in depth knowledge of the current landscape of competition law and provides pragmatic, realistic and concise advice. Their extensive network with industry experts and both locally and internationally gives them an edge over other firms.’

‘Yon See Ting is a veteran who provides an honest and unwavering approach and has profound legal knowledge. We can always trust her.’

‘Jane Guan is a bright counsel who is not afraid to think out of the box. Her friendly and approachable disposition makes clients feel at ease.’

‘This is a strong team with deep experience having handled all aspects of competition law, including cartel and dominance investigations, compliance and more. On merger control, the team has been advising from a sector regulation perspective as there is no generic merger control as yet.’

‘Yon See Ting is head and shoulders above any other practitioner in Malaysia. She is sound, very business centric.’

‘Jane Guan is a true competition law specialist and is across many of the major MyCC cases. Her ability and clarity of advice is apparent.’

Key clients

Prudential Assurance Malaysia Berhad


Progressive Insurance Berhad


Work highlights


Shearn Delamore & Co

Industry-savvy’ firm Shearn Delamore & Co remains at the forefront of the antitrust and competition space. Serving a host of leading foreign multinationals, Malaysian corporations and government-linked companies, the team operates across the pharmaceutical, financial services, and oil and gas sectors, among others. It is skilled in merger control notifications, defending investigations by the MyCC, and in alleged abuse of dominance cases. ‘ExpertAnand Raj leverages his decades of experience in the field to assist clients with the implications of proposed mergers, leniency applications, and in setting up dawn raid and whistleblowing programmes. Fellow co-head Shanti Mogan routinely advises on compliance audits and competition-related litigation. Lilien Wong is recommended for her strengths in regulatory compliance matters, in addition to designing training programmes for anti-corruption and antitrust initiatives.

Practice head(s):

Anand Raj; Shanti Mogan


Other key lawyers:

Lilien Wong


Testimonials

‘The team is able to support in terms of knowledge, skills and practicality. Given the vast experience of the partners and team, they are able to balance it out between business needs and legal requirements when it comes to implementing the measures as prescribed by the regulations.’

‘Anand Raj is an expert in the area of antitrust and has a very commanding personality which is an asset as a litigator. He is also very proactive in that he is forward thinking which is very advantageous for the client.’

‘The Competition Law team at Shearn Delamore & Co. is an experienced, knowledgeable and industry-savvy team.’

‘Anand Raj is an authority in this area of law and is well known in the market. He is experienced and possesses good knowledge of the law.’

Key clients

Allianz General Insurance Company (Malaysia) Berhad


AmGeneral Insurance Berhad


Liberty Insurance Berhad


Pacific & Orient Insurance Co Bhd


RHB Insurance Berhad


MPI Generali Insurans Berhad


Axa Affin General Insurance Berhad


Korean Airlines Co. Ltd.


Giga Shipping Sdn Bhd


The Malaysian Bar


Work highlights


  • Assisted Liberty General Insurance in defending an investigation by MyCC concerning alleged horizontal infringement.
  • Acting for one of five entities in challenging the decision of MyCC in respect of a finding of infringement for an alleged horizontal price fixing agremeent, before the Competition Appeal Tribunal.
  • Assisted Allianz General Insurance Company in defending an investigation by MyCC for an alleged horizontal infringement.

Skrine

Experienced in advising domestic and international clients from the pharmaceutical, insurance and shipping sectors, Skrine has an impressive record in the competition and antitrust arena. The group frequently represents corporations at the Malaysia Competition Commission in matters pertaining to block exemption applications, complaints, and cartel and abuse of dominance investigations. Elsewhere, the team has a strong competition disputes practice, in addition to advising trade associations on compliance procedures. The group is co-led by To’ Puan Janet Looi and Tan Shi Wen, who demonstrates expertise in leniency applications and hearings before the Competition Appeal Tribunal.

Practice head(s):

To’ Puan Janet Looi; Tan Shi Wen


Key clients

AIA Bhd


AIG Malaysia Insurance Berhad


Zurich Insurance Malaysia Berhad


Gold Coin Feedmills (Malaysia) Sdn Bhd


Shipping Association of Malaysia and Malaysia Shipowners’ Association


All Nippon Airways Co Ltd


Caliber Interconnects Sdn Bhd


Life Insurance Association of Malaysia


Mediterranean Shipping Company (Malaysia) Sdn Bhd


General Insurance Association of Malaysia (Persatuan Insurans Am Malaysia)


Golden Screen Cinemas Sdn Bhd


Boehringer Ingelheim Group


Westports Holdings Berhad


Work highlights


  • Represented AIA, AIG Malaysia Insurance, AXA Affin General Insurance and Zurich Insurance Malaysia in appealing against the MyCC’s decision on a cartel to fix the parts trade discount at 25% for six vehicle makes, as well as the hourly labour rate for Persatuan Insurans Am Malaysia.
  • Representing Goldcoin Feedmills Malaysia in appealing against MyCC’s decision for the alleged fixing of the quantum of prices for poultry feed in Malaysia.
  • Assisted the Shipping Association of Malaysia and the Malaysia Shipowners’ Association in applying for the fourth renewal of a block exemption order.

Wong & Partners

The antitrust and competition group at Wong & Partners is a popular choice among global and domestic clients, which turn to the team for advice on competition advisory matters in addition to compliance considerations. The group demonstrates a wealth of knowledge in international merger control matters and pricing policies. Leadership is shared between Andre Gan and Lydia Kong, both of whom are specialists in the field. Gan is reputed for his strengths in M&A-related competition work, and in the financial services and consumer goods spaces. Kong frequently undertakes work relating to internal audits, investigations and merger control.

Practice head(s):

Andre Gan; Lydia Kong


Testimonials

‘Lydia Kong – great knowledge on competition laws with practical application, which was very much appreciated.’

‘Advice given is well researched on both domestic and foreign laws. Speed and turnaround time is also very good.’

‘Well versed with the law, business applicable advice.’

Key clients

Mercedes Benz Malaysia Sdn Bd


Telekom Malaysia Berhad


Generali Asia N.V.


AstraZeneca Sdn Bhd


Liberty Insurance Berhad


Arkema France


Pengerang Refining Company Sdn Bhd


Cargill Feed Sdn Bhd


Work highlights


Raja, Darryl & Loh

Standing out for its combination of legal and commercial acumen, the antitrust and competition department at Raja, Darryl & Loh guides clients through matters concerning abuse of dominant position, pre-merger notifications, preferential treatment and prospective collaborations with competitors. Operating within the manufacturing, technology and insurance sectors, among others, the group is led by Chew Phye Keat, who is experienced in advising major corporations on various compliance matters. Cheong Chun Yong is a key contact in the team and primarily undertakes work concerning compliance in regulated sectors.

Practice head(s):

Chew Phye Keat


Other key lawyers:

Cheong Chun Yong


Work highlights


  • Successfully represented four insurer clients in an appeal to the Competition Appeal Tribunal and subsequently procuring the dismissal of the application by the Malaysian Competition Commission for leave to commence judicial review proceedings.
  • Advised a foreign tech client on its plans relating to distributors in Malaysia.
  • Advised a Japanese food planning and development company on its proposed distributor arrangement with a Malaysian company.

Lee Hishammuddin Allen & Gledhill

Lee Hishammuddin Allen & Gledhill continues to advise on competition and antitrust matters and regularly works across the telecoms, healthcare, and oil and gas industries. The firm frequently handles compliance audits, mock dawn raids and due diligence exercises, and is particularly strong in advising on pricing issues. Jack S’ng Hoi oversees the practice and assists corporate clients from the aviation and education sectors on matters concerning potential collaborations and distribution agreements.

Practice head(s):

Jack S’ng Hoi


Testimonials

‘Good practical advice and guidance provided.’

Work highlights


Lim Chee Wee Partnership

Reputed for its depth of expertise in the competition and antitrust arena, Lim Chee Wee Partnership is frequently engaged by the Malaysia Competition Commission to advise on cartels and abuse of dominant position. Kwan Will Sen leads the practice and is an expert in the field, advising on competition disputes and representing clients at all levels of the Malaysian courts. The firm also calls upon the senior expertise of Lim Chee Wee, who advises oil and gas and regulator clients on fraud and internal investigations. Muayyad Khairulmaini is a go-to advisor for regulatory issues.

Practice head(s):

Kwan Will Sen


Other key lawyers:

Lim Chee Wee; Muayyad Khairulmaini


Testimonials

‘Lim Chee Wee Partnership is one of the few legal firms actively involved in ‘Antitrust and competition’ enforcement and litigation in Malaysia. ’

‘LCWP also has the ability to analyse complex competition and non-competition law issues and provide advice that is highly practical.’

‘LCWP are well organised, always keep to deadlines, keep us up to date with the progress of our cases and provide prompt responses to our queries. Throughout our engagement, I have worked closely with Lim Chee Wee and Kwan Wil Sen.’

‘Special mention for Lim Chee Wee, who has a remarkable ability to analyse complex competition and non-competition law issues and provide advice that is highly practical. He is always mindful of the underlying enforcement policy aspect of a case and helps to convey this to the judges through his superb advocacy skills and knowledge of the judges.’

‘A special mention for Kwan Will Sen, who understands the complex intricacy of competition law, economics and administrative law. He sees not just the immediate issue, but gives considered advice that is highly practical from an enforcer’s point of view.’

‘The competition team at Lim Chee Wee Partnership has proven to be the best in the competition law arena. ’

‘Dato Lim Chee Wee, Kwan Will Sen and Muayyad Khairulmaini are commendable advocate and solicitors who know competition law inside and out.’

Key clients

Malaysia Competition Commission


Work highlights


  • Acted for the Malaysia Competition Commission against Malaysia Airlines and AirAsia in the landmark decision on anti-competitive agreements and cartels, in applying for judicial review against the Competition Appeal Tribunal’s decisions in the appellate Courts.
  • Acted for Malaysia Competition Commission against Dagang Net in the landmark decision on abuse of dominant position involving a penalty of more than RM10m before the Competition Appeal Tribunal and the High Court.
  • Acted for Malaysia Competition Commission against PIAM and 22 insurers in the anti-competitive agreements involving a penalty of RM130m.

Wen & Co

Boutique antitrust and competition practice Wen & Co has vast experience in defending local corporations in cases of abuse of dominant position and infringement decisions, often against the Malaysia Competition Commission. Nicole Leong heads the group and has secured various landmark victories for leading corporations in the country. Leong is ably supported by Heng Jia, who is entrusted by clients for her skill in competition investigations, dawn raids and compliance matters.

Practice head(s):

Nicole Leong


Other key lawyers:

Heng Jia


Key clients

FFM Berhad


Leong Hup Feedmill Malaysia Sdn Bhd


AirAsia Berhad


Novatis Resources Sdn Bhd


Silver Tech Synergy Sdn Bhd


Work highlights


  • Representing AirAsia against the Malaysia Competition Commission (MyCC) in MyCC’s application for the Federal Court to review its own decision.
  • Representing FFM and Leong Hup Feedmill Malaysia in appealing the decision of the Malaysia Competition Commission concerning infringement of S4 of the Competition Act 2010, which imposed a RM415m fine on the clients.
  • Represented Novatis Resources and Silver Tech Synergy in appealing the Malaysia Competition Commission decision to the Competition Appeal Tribunal, and further representing Novatis in filing a High Court judicial review application.