Research on the Fixing of Prices / Fees by Professional Bodies under the Competition Act 2010

One of the priority areas identified by the MyCC in its 2013 Strategic Plan was professional bodies/associations. While professional bodies/associations have an important role to play in improving the competitiveness of the Malaysian economy, their quality and competitiveness have important spill-over effects. The prevalent practice of the fixing scale fees and rates by professional bodies/associations is a concern for the MyCC and may be deemed to be anti-competitive in nature. The elimination of such restrictions in this sector would mean that consumers could be presented with better quality services on more advantageous terms.

In line with the above, the MyCC recently conducted a study of the issues involving the fixing of prices or fees by professional bodies and how it relates to the Competition Act 2010. The research covers the definition and scope of professional bodies, practices of price fixing by professional bodies in Malaysia, relevant Malaysian legislation related to price fixing and professional bodies, possible considerations for giving exemptions to professional bodies as well as policy considerations and justifications regarding price fixing by professional bodies under other competition jurisdictions.