Contemporary Business Method- Case study COLLOBORATION OF MALAYSIAN Airline System Bhd (MAS), AirAsiaBhd and AirAsia X SdnBhd? MGM4136
THE COLLOBORATION • The collaboration will see MAS and Firefly concentrate on providing full-service long and short-haul flight services while AirAsia and AirAsia X will focus on low-cost, no-frills long and short-haul flight services.
THE MAIN CONCERNS • The collaboration has sparked concerns that the tie-up between the two airlines may result in a monopoly or anti-competitive behaviour in the airline industry resulting from the two companies sharing of information
Competition Act 2010 • The Act applies to any commercial activity by any company (including government-linked companies) within and outside Malaysia which has an effect on competition in any market in Malaysia. • Generally, competition law in most jurisdictions around the world covers three main pillars – prevention of anti-competitive agreements; abuse of a dominant position as well as ruling against anti-competitive mergers and acquisitions. • The Act does not, however, provide for regulation of mergers and acquisitions which may be anti-competitive, although the government has not ruled out the possibility of introducing the third pillar in the future.
Competition Act 2010 • Under the Act, companies which are found to have infringed any of the prohibitions may be liable to a fine of up to 10% of their global revenue for the period during which the infringement occurred. Directors, CEOs, COOs and managers may also be severally and jointly liable to hefty fines and imprisonment.
Code sharing and strategic alliances; are common practice in airline business • Code sharing is an arrangement between two airlines where one airline (operating airline) allows another airline (marketing airline), as a code share partner, to market and sell tickets on the operating airline’s flights. The marketing airline that sells tickets under its own code does not actually operate the flight.
CONCLUSIONS • firms colloboration is a legal practice • Code sharing and strategic alliances has long been practiced in Airline business • However, Both airline must not use their positions
2013/14 -MyCC warns against price fixing in wake of fuel price hike • KUALA LUMPUR: The Malaysia Competition Commission (MyCC) may impose a financial penalty or any other direction that it considers appropriate to ensure future compliance by associations and business enterprises. • In a statement today, MyCC said in the wake of the recent fuel price increase, it has been receiving enquiries and complaints concerning the role of associations in facilitating anti-competitive behaviour, in particular price fixing by its members. • MyCC said the price increases by themselves were not anti-competitive in nature. • "The commission has no role in policing price increases but if the price increases were a result of collusion through price fixing agreeemnts by any associations or any groups or sellers, suppliers or manufacturers, those are considered a contravention of Section 4 of the Competition Act 2010," it said. • Section 4 of the Act prohibited enterprises, including associations, from fixing, directly or indirectly a purchase or selling price or any other trading conditions for goods and services, it said. • MyCC said said it may impose a financial penalty not more than 10 per cent of the worldwide turnover of the enterprises over the period of the infringement, or impose any other direction that it considers appropriate to ensure future compliance by associations and business enterprises. -- BERNAMA • Read more: MyCC warns against price fixing in wake of fuel price hike - Top News - New Straits Timeshttp://www.nst.com.my/top-news/mycc-warns-against-price-fixing-in-wake-of-fuel-price-hike-1.353877#ixzz2uycVtrzg