On 14 January 2026, the Malaysia Competition Commission (“MyCC”) announced that it has issued a Proposed Decision against two enterprises for their alleged involvement in a bid rigging cartel in relation to the Central Spine Road Construction Tender issued by the Public Works Department.
 
MyCC stated that the relevant tender involved public procurement valued at RM285 million. Following its investigation, MyCC has provisionally found that the enterprises had engaged in bid rigging conduct amounting to an infringement of section 4 of the Competition Act 2010.
 
According to MyCC, the enterprises allegedly coordinated and shared information in the preparation and submission of their bids. MyCC takes the provisional view that such conduct had the object of significantly preventing, restricting or distorting competition in connection with the public procurement process for the Central Spine Road Construction Tender.
 
MyCC emphasised that the Proposed Decision represents a provisional finding only and should not be regarded as a conclusive determination that the enterprises have infringed the Competition Act 2010.
 
The enterprises have been notified of the proposed penalties and directions and will be given the opportunity to submit written representations within 30 days of receiving the Proposed Decision, as well as to present oral representations before the 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 reflects MyCC’s continued enforcement focus on alleged bid rigging conduct in public procurement, marking its sixth enforcement action in this area to date. It underscores the competition law risks arising from coordinated conduct, including the exchange of information and collusion in the preparation and submission of bids in tender processes.
 
 
Alert by Tan Shi Wen (Partner) and Lee Li Zhu (Associate) of the Competition Law Practice of Skrine.