MyCC imposes record aggregate financial penalty of RM415 million against five poultry feedmillers

The Malaysia Competition Commission (“MyCC) issued its finding of infringement decision dated 11 December 2023 (“Decision”) against five enterprises namely, Gold Coin Feedmills (Malaysia) Sdn Bhd (“Gold Coin”), Dindings Poultry Development Centre Sdn Bhd (“Dindings”), FFM Berhad (“FFM”), Leong Hup Feedmills (Malaysia) Sdn Bhd (“Leong Hup”) and PK Agro-Industrial Products (M) Sdn Bhd (“PK Agro”) (individually a “Party” and collectively the “Parties”), for infringing section 4(1) read in conjunction with section 4(2)(a) and 4(3) of the Competition Act 2010 by entering into anti-competitive agreements and/ or concerted practices which have the object to prevent, restrict and distort competition in the market for the supply of poultry feed (containing soybean and maize as the main ingredients) between the early 2020 and mid-2022.
 
In essence, the MyCC found that the Parties had entered into a cartel arrangement to fix the quantum of increase and decrease of poultry feed prices. The evidence relied on by the MyCC in coming to the Decision included documentation such as minutes of meetings of the Malaysian Feedmillers Association (to which each of the Party was a member), a series of price announcements of the Parties, personal notes, internal communications between the Parties as well as statements made by the representatives of the Parties during the investigation process.
 
Following from its finding of an infringement by all the Parties, the MyCC imposed financial penalties on each of the Parties ranging from RM42,689,583.64 to RM157,470,027.02, which amounted to an aggregate sum of RM415,495,696.49, for infringing the section 4 prohibition of the Competition Act 2010. Notably, this marks the highest aggregate financial penalty imposed by the MyCC to date.
 
In addition, the MyCC issued the following directions to be adhered to by the Parties: 
 
(a) to cease and desist from participating and engaging in the poultry feed cartel, in particular to cease discussion on price-related matters pertaining to poultry feed; 
(b) to submit a monthly report on the increase and decrease of poultry feed prices from July 2022 to December 2023 and from January 2024 to December 2024, along with samples of price notice/ announcement or invoice; 
(c) for FFM, Gold Coin, and Dindings, to review and enhance competition law compliance training programmes, and for PK Agro and Leong Hup, to implement competition compliance law training programmes; and  
(d) to include a provision in the Parties respective Code of Conduct recognising the involvement in competition law infringements as misconduct. 
To our knowledge, four of the Parties have indicated that they will appeal the Decision to the Competition Appeal Tribunal.
 
One of the enterprises named in the Decision is represented by our Partners, Tan Shi Wen and Manshan Singh and Associates, Angela Hii, Tham Zhi Jun and Lee Li Zhu.
 
Alert by Angela Hii (Associate) of the Competition 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.