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Title:	Pricing abuses under Section 10 of the Competition Act 2010
Authors:	Sunitha Sivakumaran (P62375)
Supervisor:	Safinaz Hussien, Prof. Madya Dr.
Keywords:	Pricing Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia
Issue Date:	3-May-2018
Description:	This thesis focuses on pricing abuses under Section 10 of the Competition Act 2010. It considers the basis on which such abuses should be identified and assessed and the defences that should be available for such abuse. Pricing abuse in competition law not only deals with excessive pricing but also with predatory and discriminatory pricing which at least in the short term benefit consumers. Determining the appropriate price is difficult especially when an effects based approach, as opposed to a form based approach, is used for this purpose. Yet, this is the task that the Malaysian Competition Commission (MyCC) has set for itself in the Guidelines on the prohibition of abuse of dominant position. The objectives of the thesis are to identify and analyse the ambiguities surrounding Section 10 of the CA 2010; examine how can these ambiguities be mitigated through the use of legal concepts found in the legal of provisions of the EU and the US; and to recommend the criteria to be used to assess whether a pricing abuse has occurred. Content analysis through the application of a qualitative approach is adopted to achieve these objectives. The thesis considers the statutory provisions and case laws relating to pricing conduct in the US and the EU, the two primary sources of competition law of most countries. In particular, it identifies the difficulties of adopting an effects based approach in applying the law and the limited defences available in the Competition Act 2010 for enterprises that infringe Section 10 of the Competition Act 2010. The thesis proposes that a form based approach be used to determine abusive pricing and that the type of conduct that constitutes a defence of 'reasonable commercial justification' be specified. These changes need to be reflected in the MyCC Guidelines by way of amendment.,Ph.D.
Pages:	333
Call Number:	C13.SUN 2018 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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