MyCC allowed to challenge CAT's decision to set aside RM10m fine imposed on AirAsia, MAS

KUALA LUMPUR: The High Court here today granted the Malaysia Competition Commission's (MyCC) application to challenge the decision of the Competition Appeal Tribunal (CAT) which set aside the RM10 million fine imposed on two Malaysia Airlines (MAS) and AirAsia Bhd for breaching the Competition Act 2010.

Speaking to reporters, lawyer Leonard Yeoh representing AirAsia said the court also granted MyCC's application for a judicial review on the tribunal's decision after finding that the application was in the public interest.

Judge Datuk Nik Hasmat Nik Mohamad set Aug 15 for case management after making the decision in chambers in the presence of Yeoh and lawyer Sharon Chong Tze Ying representing MyCC.

On April 11, 2014, MyCC found both airlines guilty of anti-competition practices, under Section 4(2)(b) of the Competition Act 2010, by entering into an agreement which saw the two airlines sharing markets in the air transport services sector within Malaysia.

MyCC's RM20 million fine was based on flights mounted by both AirAsia and MAS in the four months between Jan 1 and April 30, 2012 on the following routes – KL-Kota Kinabalu, KL-Kuching, KL-Sandakan and KL-Sibu. — Bernama