Will Grab face RM86.77m fine after MyCC appeal ruling?

Question

Accepted Answer

Court of Appeal Reserves Decision on MyCC's Appeal Against Grab Fine

The Court of Appeal has reserved its decision on the Malaysian Competition Commission's (MyCC) appeal concerning the RM86.77 million fine proposed against Grab Inc. and its subsidiaries. This ruling follows the High Court's earlier decision to quash the proposed fine, which was imposed for alleged anti-competitive practices within the e-hailing sector. The court indicated that further deliberation is required to consider the arguments presented by both MyCC and Grab.
MyCC's Appeal Against High Court Ruling

The Malaysian Competition Commission (MyCC) filed an appeal with the Court of Appeal to challenge the High Court's decision on July 6, 2023, which annulled its proposed RM86.77 million fine. MyCC's counsel argued that Grab's application for judicial review was premature, as the companies had not yet completed the internal appeal process stipulated under the Competition Act 2010. It was contended that MyCC's decision to issue the proposed fine was part of its investigative procedure and not a final determination, thus not subject to immediate judicial review.
Grab's Defence and Previous Legal Battles

Grab Inc., along with its subsidiaries Grabcar Sdn Bhd and Myteksi Sdn Bhd, had sought a judicial review to challenge the proposed fine, which was first communicated in December 2019. Grab's legal team argued that MyCC's characterisation of the proposed decision as merely an investigative step was incorrect, citing Section 36(1) of the Competition Commission Act. This section, they argued, indicates that a proposed decision is issued after the completion of an investigation. Despite the proposed nature of the fine, Grab asserted that it carried significant implications and adverse effects, making it amenable to judicial review.
Procedural History of the Case

The legal journey for this fine has been extensive. In 2020, the High Court initially denied Grab leave for judicial review, deeming the application premature. However, in April 2021, the Court of Appeal overturned this decision, granting leave for a judicial review and remitting the case back to the High Court for a substantive hearing. Subsequently, in 2022, the Federal Court dismissed MyCC's application for leave to appeal the Court of Appeal's decision, allowing the judicial review to proceed. A case management session is scheduled to set a date for the Court of Appeal's final decision.

Reading history

Hide →

This history is cleared when the page is closed.

Will Grab face RM86.77m fine after MyCC appeal ruling?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends