The MyEG case: the first Malaysian finding of abuse of dominance reveals issues with the regulator’s methodology, and an opportunity to play an advocacy role

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On 24 June 2016, the Malaysia Competition Commission (“MyCC”) published a decision in the My E.G. Services Berhad (“MyEG”) case. The case is important for three reasons: first, it is the first case in which MyCC found that a party had breached s.10 of the Competition Act, which prohibits abuse of dominance. Secondly, because the case was subsequently appealed, with the Competition Appellate Tribunal confirming the MyCC ruling on 28 December 2017—the MyEG case provides a rare opportunity to assess the Tribunal’s reasoning and method. And thirdly because the case deals with a private operator which has been granted a concession by the Malaysian government—and was subsequently found to have abused its market power in the operation of the service.This article analyses the MyCC decision and subsequent appeal ruling. It focuses on a number of features of the case, to provide a broad critical assessment of the case against MyEG, particularly taking into account the role of competition law in the granting of government concessions to private operators.