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Law & Order

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The 2Ms attempted it 25 years ago. They launched the Bersih, Cekap dan Amanah initiative. They tried their best, but they did not succeed. Though the situation in Malaysia was much better than in most of the rest of the world, corruption continued unabated. Many even think that the problem grew worse.  Author: Mohamed Jawhar Hassan.

Malaysia does not have specific legislation regulating competition as yet. Except for provisions on general competition practices fo the communications and multimedia industry, there is no comprehensive regime governing competition. There are a number of related trading and consumer statutes which impact on competition and there are statutes which attempt to introduce the concept of competition and the term “competition” is used in these statutes. In relation to the acquisition of mergers and takeovers, there are guidelines and a code which apply but these also do not address competition issues. This paper seeks to briefly survey these laws and concludes with some observations.  Author: Cheong May Fong.
The paper attempts at explaining perplexing nexus between law and politics during the Mahathir years amidst swinging pendulum of legitimacy discourse - with human rights discourse on the one side and ‘developmentalism’ on the other – taking place in constrained but contested legal arena.  Author:  Marzuki Mohamad.
file icon Creeping Islamisationhot!Tooltip 08/09/2008 Hits: 2044

The article examines the state of Malaysia on the occasion of the 50th anniversary, in 2007, of the end of British rule. According to the author Malaysia, which had been considered a model of a tolerant Muslim democracy, is in danger of instituting Islamic law, thus abrogating the rights of its non-Muslim citizens. Incidents wherein the Islamic law has been applied to non-Muslims are reported.

Malaysia does not have a national competition policy. Only two sectors, namely the energy sector and the communications and multimedia sector have made legal provisions for competition policy. The implementation of competition policies in these sectors are still at fairly nascent stages. In other sectors, competition regulation is mostly undertaken at the sectoral level via control over prices and entry conditions (e.g. permits and licenses). Most of these controls are subservient to socio-economic objectives other than of promoting the process of competition in markets. Due to the absence of formal competition policies in these sectors, regulators either do not recognize or often do not know how to deal with competition-related problems. The failures to address competition-related problems at the sectoral level hint at the insufficiency and inadequacy of sectoral regulatory reforms in the country. There is thus a need to consider implementing a national competition policy as a possible solution to such problems.  Publication: The 1st East Asia Conference on Competition Law and Policy; March, 4 2004, Kuala Lumpur, Malaysia. Author: Lee, Cassey.


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