MyCC vs Grab – court grants commission’s request to stay hearing of Grab’s legal challenge to RM86m fine

The battle between the Malaysian Competition Commission (MyCC) and Grab won’t be ending soon, as the Federal Court has allowed the application by commission to stay the hearing of Grab’s legal challenge against a proposed RM86.77 million fine, Bernama reported. The judicial review hearing was scheduled to begin next Monday at the KL High Court.

The decision was made by a three-member bench chaired by Court of Appeal president Tan Sri Rohana Yusuf. “We grant the order of an interim stay of the judicial review hearing pending the disposal of MyCC’s leave application (before the Federal Court). We adjourned today’s matter, pending the Court of Appeal grounds of judgment being made available to MyCC,” said Rohana.

MyCC had sought to stay the hearing, saying it had yet to be provided with the full written grounds of the Court of Appeal ruling that granted the judicial review leave. “We need to see how the Court of Appeal grounds of judgment dealt with the issue. The regulator would be put in a difficult position if the Monday’s hearing commences while the appeal before the Federal Court is yet to conclude,” said counsel Datuk Seri Gopal Sri Ram.

MyCC vs Grab – court grants commission’s request to stay hearing of Grab’s legal challenge to RM86m fine

Datuk Malik Imtiaz Sarwar, the lawyer for Grab, objected to the stay application as the case had been pending since 2019.

Here’s the background and timeline. MyCC had alleged that Grab abused its dominant position by imposing a restrictive clause on its drivers, effectively preventing them from promoting Grab’s current and potential competitors on e-hailing platforms and in transit media advertising. The commission proposed a fine of RM86.77 million.

The case has since gone from the High Court to the Court of Appeal and now to the Federal Court, which is the highest in the hierarchy of Malaysian courts. Small change for Grab and they should just pay up and move on? Sometimes, it’s not just about the money, but also the admission of guilt.

On a separate and more current note, MyCC – which stated aim is to implement and enforce the provisions of the Competition Act 2010 and protect the competitive process for the benefit of businesses, consumers and the economy – also has its eyes on PLUS and Touch n Go regarding the less-than-smooth recent RFID rollout on the North South Highway.

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