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Home Corporate Info Department TIMBALAN KETUA SETIAUSAHA PEMBANGUNAN PERDAGANGAN DALAM NEGERI Competition Appeal Tribunal

Introduction

The Competition Appeal Tribunal is an independent body established under section 44 of the Competition Act 2010 [Act 712], which came into effect on January 1, 2012.

The Competition Appeal Tribunal consists of a president and members appointed by the Prime Minister on the recommendation of the Minister.

The President of the Competition Appeal Tribunal shall be appointed from among High Court Judges and its members are those who possess relevant expertise in industry, commerce, economy, law, accounting, or consumer affairs. The President and members of the Competition Appeal Tribunal shall hold office for a term not exceeding six years.

Currently, the constitution of the Competition Appeal Tribunal is as follows:

1.YA Dato' Dr. Choo Kah Sing (President);

2.YBhg. Tan Sri Datuk Amar Wilson Baya Dandot;

3.YBhg. Datuk Merlyn Kasimir;

4.YBhg. Datuk Dr. Pang Teck Wai;

5.YBhg. Tan Sri Dr. Rahmat Bivi binti Yusoff;

6.YBhg. Datuk Seri Dr. Victor Wee Eng Lye;

7.YBhg. Dato’ Asmabi binti Mohammad; and

8.YBhg. Encik Mohd Rafee Mohamed.

9. YBhg. Dato’ Hj. Chee Pee bin Shamsudin; 

10. YBhg. Dato’ Ts Dr. Suhazimah binti Dzazali; 

11. YBhg. Datuk Dr. Mohd. Ghazali bin Abas; dan  

12.YBhg. Datuk Paduka Ang Hai Nar. 

The Competition Appeal Tribunal is administered by a Secretary appointed by the Minister under section 50 of the Competition Act 2010.

Vision & Mission

VISION

Become an effective dispute resolution forum with integrity based on the provisions of the Competition Act 2010.

MISSION

As a special tribunal with exclusive jurisdiction to review any decision made by the Malaysian Competition Commission under sections 35, 39, and 40 of the Competition Act 2010.

Objective

  1. The Competition Appeal Tribunal is committed to giving justice to each party involved in the appeal before them. This can be seen through the membership of the tribunal whose members consist of experienced and knowledgeable personalities in the fields of law, commerce, economics, accounting and consumer affairs.

Function

1. The Competition Appeal Tribunal shall have exclusive jurisdiction to review any decision made by the Malaysia Competition Commission under section 35, 39,40 of the Competition Act 2010.

2. The Competition Act 2010 provides that an aggrieved person or whose interest is affected by a decision of the Malaysia Competition Commission under section 35, 39, or 40 may appeal to the Competition Appeal Tribunal by filing a Notice    of Appeal to the Competition Appeal Tribunal within thirty (30) days from the      date of the decision of the Malaysia Competition Commission.

3. Every proceeding of the Competition Appeal Tribunal shall be heard and resolved by three (3) members of the Competition Appeal Tribunal or such greater odd number as the President may determine.

4. The Competition Appeal Tribunal may confirm or set aside the decision to be the case for the appeal, or any part thereof, and may:-

  • remit the matter to the Malaysia Competition Commission;
  • impose or revoke, or vary the amount of a financial penalty;
  • give any instruction, or take such other steps as may be given or taken  by the Malaysia Competition Commission itself; or
  • make any other decision that may be made by the Malaysia Competition Commission itself.

5. The decision of the Competition Appeal Tribunal, on any matter shall be decided by the majority of the members of the Appeal Hearing Panel hearing the appeal.

6. A decision of the Competition Appeal Tribunal is final and binding on the parties to the appeal.

7. A decision rendered by the Competition Appeal Tribunal may, with the leave of the High Court, be enforced in the same manner as a judgment or order having the same effect, and where such permission is so conferred, the judgment may     be entered on the terms of the decision.

For more information about the Competition Appeal Tribunal, please visit the official portal of the Competition Appeal Tribunal in the web address trp.kpdnhep.gov.my.

COMPETITION APPEAL TRIBUNAL
Level 9 (Tower), No 13
Persiaran Perdana, Presint 2,
Federal Goventment Administrative Center
62623 Putrajaya,
Malaysia

Tel  : 03-88826452
Fax : 03-88826193