KUALA LUMPUR, 23 May 2025 - The Malaysia Competition Commission (MyCC) expresses grave concern over recent reports from multiple media outlets regarding proposals by associations of private medical practitioners in Sarawak, Penang, Selangor and Kuala Lumpur to introduce new service-related charges. These include additional fees such as prescription charges, registration fees, regulatory compliance charges and facility fees, either already implemented or currently under consideration.
MyCC firmly maintains that any decision made by associations, including those representing private general practitioners (GPs) to introduce these additional fees, may be found liable and infringing the Competition Act 2010 (Act 712). Under section 4(2)(a) of the Act 712, GPs are considered “enterprises” and any agreement between enterprises which includes the decision by association to set prices or trading conditions may be deemed anti-competitive. Such conduct is categorised as a serious infringement, commonly referred to as a hard-core cartel and is constituted a breach of the act regardless of whether it is implemented or simply agreed upon.
When associations collectively agree to introduce new charges, such action may be interpreted as an agreement to fix trading conditions. Similarly, any recommendation of a price range, regardless of whether it is binding or not, may be regarded as the conduct of price fixing under Section 4 of the Competition Act 2010.
As such, the Society of Private Medical Practitioners Sarawak (SPMPS), the Private Medical Practitioners’ Association of Selangor and Kuala Lumpur (PMPASKL) and the Penang Medical Practitioners Society (PMPS) are reminded of their legal obligations.
Therefore, MyCC hereby strongly urges the Society of Private Medical Practitioners Sarawak (SPMPS) to retract its advisory issued to members encouraging the implementation of specific new fees. MyCC also calls upon the Private Medical Practitioners’ Association of Selangor and Kuala Lumpur (PMPASKL) and the Penang Medical Practitioners Society (PMPS) to refrain from convening meetings or taking any steps that may result in collective decisions to fix fees or introduce uniform charges, as these actions may be considered infringements under the Act 712.
Under the Competition Act 2010, if an enterprise is found guilty of such an infringement, MyCC may impose a financial penalty of up to 10% of its worldwide turnover for the duration of the infringement. MyCC will not hesitate to investigate and take strict enforcement action against any party engaged in anti-competitive conduct.
MyCC is closely monitoring this matter and strongly urges all stakeholders, especially those in the healthcare sector, to fully comply with the Act 712. MyCC remains steadfast in its mission to uphold a competitive, healthy and transparent market, safeguarding both consumer welfare and the integrity of the Malaysian economy.
Tan Sri Dato' Sri Idrus bin Harun
Chairman
Malaysia Competition Commission
FOR IMMEDIATE RELEASE
NEWS / ECONOMIC DESK