MyCC launches Strategic Plan 2021-2025

The Malaysia Competition Commission (‘MyCC’) launched its Strategic Plan 2021-2025 (‘Strategic Plan 2021-2025’) on 13 December 2021, mapping out its priorities over the next five years.
 
According to the MyCC, the Strategic Plan 2021-2025 is the third strategic plan launched by it. The first was launched during the MyCC’s foundational phase from 2010 to 2015 and the second, during the MyCC’s growth phase from 2016 to 2020. The Strategic Plan 2021-2025 will be implemented by the MyCC as it reaches the end of its growth phase after 10 years of its organisational lifecycle.
 
The Strategic Plan 2021-2025 has been developed by the MyCC taking into consideration factors that may affect how the MyCC undertakes its work over the next five years, including but not limited to the following: 

  • the need to introduce a merger control regime that prohibits mergers that substantially lessen competition;
  • the impact of the Covid-19 pandemic which has restricted economic activities, resulting in market consolidation due to companies ceasing operations or merging to survive;
  • to study how the Competition Act 2010 (‘the Act’) can operate to encourage the Environmental Social and Governance (‘ESG’) agenda;
  • the developments in ASEAN, such as the ASEAN Competition Action Plan (ACAP) and the regional Free Trade Agreements, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP); and
  • the implementation of National-Level Economic Plans, such as the Shared Prosperity Vision 2030 and the 12th Malaysia Plan (12MP). 
The aims of the Strategic Plan 2021-2025 are as follows: 

  • to support the recovery measures as Malaysia emerges from the Covid-19 pandemic to ensure that they do not have the unintended consequences of being anti-competitive; and
  • to support growth of new economic sectors such as markets for e-commerce and innovation, and promote the ESG agenda by and for businesses. 
The Strategic Plan 2021-2025 is underpinned by the following three Strategic Goals and 10 Action Plans:
 
Strategic Goal 1
 
Deliver effective outcomes for the MyCC’s core activities.
 
Action Plan 1.1 

  • Increase and communicate the MyCC’s enforcement outcomes effectively.
  • Establish a dedicated merger unit/team to assess and review mergers and acquisitions to ensure any change in market structures will not substantially lessen competition in the markets.
  • Commence work to study how the Act can encourage and promote the ESG agenda. 
Action Plan 1.2 

  • Provide relevant policy advice for Ministries and government agencies to ensure that their policies are aligned with championing competition in the economy.
  • Advise the Government to consider phasing off the enforcement of traditional regulation instruments such as price control regulations, which have the unintended consequence of distorting price in the Malaysian markets and opening the potential avenue for regulatory capture. 
Action Plan 1.3 

  • Educate, advocate and promote to all relevant stakeholders on the importance and benefits of competition in the markets. 
Strategic Goal 2
 
Align the application of competition policy and law with current market environment.
 
Action Plan 2.1 

  • Amend the Act and the Competition Commission Act 2010 to strengthen the powers for and procedures of the investigation procedures; formalise the roles and functions of the MyCC; and incorporate merger control provisions.
  • Implement competition policy and enforce the amended legislation accordingly. 
Action Plan 2.2 

  • Work closely with other sector regulators, Ministries and government agencies to ensure consistency in the application of competition policy and law in the Malaysian markets.
  • Advise and provide competition-related policy recommendations on digital markets to the Policy Advisory Board of the National Digital Economy and 4IR Council.
  • Collaborate with the Malaysian Productivity Council (MPC) in the latter’s effort to roll out the regulatory impact analysis (RIA) programme across all Ministries and government agencies to ensure that the RIC will include competition analyses wherever appropriate. 
Action Plan 2.3 

  • Undertake a market study to develop understanding and identify potential competition issues in the e-commerce sector and digital markets.
  • Identify other sectors or industries that are priority for market sectors. 
Action Plan 2.4 

  • Broaden and deepen the MyCC’s cooperation and collaborative work at international and regional levels to keep updated with the current economic and legal concepts and thoughts. 
Strategic Goal 3
 
Strengthen and expand the MyCC’s capacity, capabilities and resources (including human capital, management system, internal policies, processes and procedures to best serve all relevant stakeholders. 
 
Action Plan 3.1 

  • Update the MyCC’s human resource policy to attract, develop and retain talent to ensure that it can perform its functions and responsibilities efficiently and effectively.
  • Develop and establish a risk management function within the organisation. 
Action Plan 3.2 

  • Review and update any outdated Standard Operating Procedures (‘SOPs’) and introduce new SOPs as necessary to ensure consistency in the application of law.
  • Undertake periodic review of the MyCC’s SOPs to ensure that they remain current with the market environment. 
Action Plan 3.3 

  • Develop an integrated information technology system on operational and knowledge management to ensure seamless work activities for all the divisions of the MyCC taking into consideration remote working and work from home. 
Comments
 
The Strategic Plan 2021-2025 does not appear unduly ambitious and many low-hanging fruits appear to be within easy reach of the MyCC. Many of the proposed initiatives under the Action Plans seek to heighten the awareness of stakeholders on competition-related issues and to embed competition law and policy as factors to be considered in the decision-making process of the public sector.
 
The proposal to undertake a study of e-commerce and digital markets is interesting and timely given the emerging competition challenges in the digital economy, but without doubt, the most far-reaching aspect of the Strategic Plan 2021-2025 is the proposal to introduce merger controls, an initiative announced about two years ago, in order to empower the MyCC to review whether a proposed merger will significantly reduce competition in the market. Merger controls will open up a whole new dimension to the mergers and acquisitions landscape in Malaysia.
 
Alert by Tan Shi Wen (Partner) of the Competition Law Practice and Faith Chan (Associate) of the Corporate Practice of Skrine.
 

This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.