The sections of the Communications and Multimedia Act 1998 dealing with general competition practices prohibit:
any conduct by any licensee which has the purpose of substantially lessening competition in a communication market;
arrangements and practices which provides for rate fixing, market-sharing and boycott of a supplier or competitor; and
mandatory tying or linking arrangements regarding the provision or supply of products and services.
The Malaysian Communications and Multimedia Commission has, to date, published guidelines which clarify the meaning of "substantial lessening of competition" and "dominant position".
The primary function of enforcement is to conduct investigation upon receiving reports relating to the commission of offences under the Communications and Multimedia Act 1998 (CMA), the Postal Services Act 1991 (PSA), the Digital Signatures Act 1997 (DSA) and the relevant subsidiary legislations.
The objective of the investigation is to ascertain whether or not the offender has committed the offence and also to gather sufficient evidence on the offender. After the investigation is completed, the investigation paper will be submitted to the Deputy Public Prosecutor for his decision on the appropriate action to be taken on the case investigated by MCMC.
Effective enforcement carried out by MCMC is to ensure the rights of the licensees, investors, consumers and the public are always protected and the confidence in communications, multimedia and postal services are maintained at all times.
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