On 23 December 2025, the Malaysia Competition Commission (“MyCC”) issued a media release stating that it had issued a Proposed Decision against six enterprises for their alleged involvement in a bid rigging cartel involving sixteen quotations and one tender issued by the Kluang Prison Department.
 
According to MyCC, the affected quotations and tender involved procurement values ranging from RM30,000 to RM3 million, with a total value of approximately RM7.3 million. MyCC has provisionally found that the enterprises had infringed section 4(2)(d) of the Competition Act 2010 through bid rigging conduct.
 
MyCC has emphasised that, at this juncture, the Proposed Decision constitutes a provisional finding and should not be taken as a conclusive determination that the enterprises concerned have infringed the Competition Act 2010.
 
MyCC’s investigation found that the enterprises allegedly engaged in bid rigging through the exchange of information and the facilitation of tender and bid submissions by the same party. MyCC takes the provisional view that such conduct had the object of significantly preventing, restricting or distorting competition in relation to public procurement by the Kluang Prison Department.
 
The enterprises concerned will be given the opportunity to submit written representations to MyCC within 30 days of receiving the Proposed Decision and to present oral representations before MyCC on a date to be determined. MyCC will issue its final decision after considering the representations made by the enterprises together with the evidence obtained during the investigation.
 
This Proposed Decision forms part of MyCC’s enforcement of the Competition Act 2010 in relation to alleged bid rigging in public procurement. It highlights the competition law risks associated with the exchange of commercially sensitive information and coordinated bid submissions in tender and quotation processes.
 
Alert by Tan Shi Wen (Partner) and Lee Li Zhu (Associate) of the Competition Law Practice of Skrine.