On 14 April 2025, the Malaysia Competition Commission (“MyCC”) issued a Proposed Decision against 22 enterprises for their alleged involvement in a price-fixing agreement concerning the provision of child care services in Kuala Lumpur and Selangor. If established, this conduct would constitute an infringement of section 4 of the Competition Act 2010.
 
According to the MyCC’s provisional findings, the enterprises had agreed to increase child care fees during an association meeting. The agreed fee adjustments were subsequently disseminated to association members and other child care providers by way of a circular. The MyCC considers that this agreement had the object of significantly preventing, restricting, or distorting competition in the market for child care services in the affected areas.
 
The 22 enterprises have been notified of the proposed penalties and directions. They are entitled to submit written representations within 30 days of receiving the Proposed Decision and may also present oral representations before the MyCC on a date to be determined. The MyCC will issue its Final Decision after taking into account the representations made and the evidence obtained during the investigation.
 
This marks the first proposed decision in 2025 concerning alleged price fixing under section 4 of the Competition Act 2010. It further signifies a notable enforcement initiative by the MyCC, involving a substantial number of enterprises and reflecting the MyCC’s continued ability to undertake complex, sector-wide investigations into suspected anti-competitive conduct.
 
The MyCC’s media release on the Proposed Decision can be accessed here.
 
 
Alert by Tan Shi Wen (Partner) and Lee Li Zhu (Associate) of the Competition Law Practice of Skrine.