6 firms face MyCC action over alleged bid-rigging cartel

PETALING JAYA: The Malaysia Competition Commission (MyCC) has issued a proposed decision against six companies for their alleged involvement in a bid-rigging cartel linked to a RM5.7 million food supply tender issued by the National Anti-Drugs Agency (AADK).

In a statement, MyCC chairman Idrus Harun said the commission’s investigation found that the companies had engaged in bid-rigging through the exchange of information and the facilitation of tender submissions.

“MyCC finds that such an agreement had the objective of significantly preventing, restricting or distorting competition in the provision to supply raw, fresh and dry food under the tender,” he said.

Idrus said the companies were provisionally found to have breached Section 4(1) of the Competition Act 2010, read together with Sections 4(2)(d) and 4(3) of the Act, which prohibit agreements that significantly prevent, restrict or distort competition.

He said the proposed decision represents only a provisional finding and should not be interpreted as conclusive proof that the companies had infringed the Competition Act.

The companies were notified of the proposed penalties and directions today and have been given 30 days to submit written representations. They will also be allowed to make oral representations before MyCC on a date to be fixed later.

MyCC said it would issue a final decision only after considering the representations submitted by the companies, together with evidence gathered during the investigation.

Idrus said the commission remained committed to safeguarding fair competition and taking action against anti-competitive conduct that undermines the integrity of public procurement processes.