Intellectual Property Law

Strengthening Competition through Market Review

Date: 09 January 2018; Type: Legal News; Source: Competition Commission

KUALA LUMPUR, Jan 9 - The Malaysia Competition Commission (MyCC) has published two market reviews under the Competition Act 2010 (CA 2010) on pharmaceutical sector and building materials in the construction industry which are available on its website. The report is finalized after taking into consideration the views and feedback received from the stakeholders and public.

These sectors were selected based on prior analysis on general understanding and knowledge of existing market conditions in Malaysia and other jurisdictions, particularly sectors with a high probability for practices in cartels or collusion as well as abuse of dominance that affect the production and provision of essential goods or services, and the concerns on consumer’s welfare on cost of living and social benefits.

The market review on pharmaceutical sector focuses only on prescription medicines within two level of supply chain which are the manufacturers of generic medicines and importers of originator and generic medicine (first level) and the wholesalers anddistributors (second level).

MyCC’s Chief Executive Officer, Dato’ Abu Samah bin Shabudin said, “Although access to medicine has not traditionally been addressed through competition law, this scenario has been changed. Competition authorities in various jurisdictions are playing a large role in using competition law to improve the price, availability and transfer of health technologies.”

On the other hand, the market review on building materials in the construction industry was conducted due to the concerns raised by relevant government agencies in relation to the rising cost of living and less affordable housing in Malaysia.

Therefore, in this market review focuses on four building materials namely steel, cement, ready-mixed concrete and sand which accounted close to 60% of the estimated value of top 8 building materials used in construction projects in 2016. The findings from this market review show that the four building materials are not the main factor that influence the rising cost of housing.

The final reports of the said market reviews are made available on the MyCC website at www.mycc.gov.my.

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