INSTITUTING THE COMPETITION ACT 2010 - THE ROLE OF UNIVERSITIES AND ACADEMICS24 September 2013Room 406 - 407, Level 4Kuala Lumpur Convention Centre (KLCC)KUALA LUMPUR

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The Economic Transformation Programme (ETP) has instituted measures to achieve a high-income status which is sustainable in both economic and environmental terms; sustainable here meaning meeting present needs without compromising those of future generations. Part of achieving this agenda can be realised through having a Competition Act 2010 (CA2010). In Malaysia, the CA2010 came into effect on 1 January 2012 and its objective is to enhance consumer welfare, business practices and economic development. It provides a regulatory framework against market manipulation and cartel practices that may adversely affect the market efficiency. The Act prohibits agreement that distorts competition and abuse of dominant position. An agreement, be it horizontal or vertical, has the effect of significantly preventing, restricting or distorting competition is an infringement of CA2010. Price fixing, market sharing, bid rigging and limiting production are considered as anti-competitive agreements. The Malaysia Competition Commission (MyCC) established on 1st April 2011, is an independent body responsible for enforcing the Competition Act, and it is under the purview of the Minister of Domestic Trade, Co-operatives & Consumerism.

The success of CA2010 needs the assistance and support of all stakeholders including the universities and in particular the academics. Universities play an important role as the educators and suppliers of future human resource for the country. Universities should equip the graduates with the right knowledge and skills to better prepare them for the job market and also the challenges of the real world. This would include a better understanding of the market structure and the functions of competition law.

MyCC has stated the importance to collaborate with public and private universities to design new courses on competition policy and law or to embed competition concepts in existing university course structure. In addition, academicians are encouraged to contribute to

the law reforms through efforts such as conduct and publish their findings of the market studies and engage in discourse on competition issues in the country.

Realising the important role of the academics, the Economics and Management Cluster of Majlis Profesor Negara (National Council of Professors, Malaysia) of the Ministry of Education, together with MyCC, UKM-Graduate School of Business, Universiti Kebangsaan Malaysia and Graduate School of Business, Universiti Sains Malaysia is organizing a half day seminar to help increase the awareness and understanding of the CA2010 amongst academics. The seminar will help to determine how and what role the academics can play, alongside MyCC to promote the Act.

Specific issues that will be discussed are as follows:1. What are the observed anti-competitive practices among businesses in Malaysia?2. What is the level of awareness and understanding of the CA2010 amongt the academics?3. What role can Majlis Profesor Negara (National Council of Professors, Malaysia) and academics play to promote the CA2010?4. What are the research and courses that are available in this area?

WHO SHOULD ATTEND?+ Institutions of Higher Learning+ Ministry of Education+ Academics+ Students+ Research Institutes

UNIVERSITI KEBANGSAAN MALAYSIA

UKM-GSBGraduate School of BusinessI n s p i r i n g f u t u r e s , n u r t u r i n g p o s s i b i l i t i e sI n s p i r i n g f u t u r e s , n u r t u r i n g p o s s i b i l i t i e s

MyCC

SURUHANJAYA PERSAINGAN MALAYSIAMALAYSIA COMPETITION COMMISSION

MAJLISPROFESORNEGARA graduate school of business

PROFESSOR RICHARD WHISHProfessor of Law, King’s College

Professor Richard Whish has been Professor of Law at King’s College London since January 1991; prior to that he taught at the University of Bristol. He is also a Professor at the College of Europe (Bruges). He is a qualified solicitor and was a partner at Watson, Farley and Williams from 1989 to 1998. He acts as a consultant to a variety of companies and regulatory agencies, and was, from April 2003 to March 2009, a non-executive director of the Office of Fair Trading; he was a member of the Board of the Singaporean Energy Market Authority from 2005 to 2011. He is the author of or contributor to various books on competition law, including Competition Law (with David Bailey), 7th edition (2012); Volume 47 of Halsbury’s Laws of England(with Ian Smith); the competition law chapter in Chitty on Contracts; the competition law chapter in the Stair Memorial Encyclopædia of the Laws of Scotland (with Ian Flint); The Competition Act 1998 (with Peter Freeman); Merger Cases in the Real World: A Study of Merger Control Procedures(with Diane Wood). He is co-consultant editor with Peter Freeman of Butterworths Competition Law.

PROFESSOR DR. IWAKAZU TAKAHASHIProfessor of Law, Graduate School of Law, Meiji University

Professor Dr. Iwakazu Takahashi graduated from Waseda University, Faculty of Law in 1970, obtained Master’s Degree in Law from Waseda University in 1973 and obtained Ph.D. Degree in Law from Waseda University in May 1998. He started his academic career as Lecturer of Law at Kanagawa University, Yokohama, in 1979 , and now Professor of Law at Meiji University, Tokyo from 2001. His speciality is Competition Law，International Economic Law, and Consumer Law. He went to Freiburg University, Germany in 1983-1984 and Bonn University, Germany, in 2008-2009 to study German competition law. He has been speaker and moderator at seminars on competition law and policy in Asian countries, which were held by Japan Fair Trade Commission and Japan International Cooperation Agency(JICA) from 1995 up to now.

Y.BHG. TAN SRI DATO’ SERI SITI NORMA YAAKOBChairman, Malaysia Competition Commission (MyCC)

Siti Norma Yaakob obtained her Barrister-at-Law Degree from the Honourable Society of Grey’s Inn, London in 1962. She started her career as a Senior Assistant Registrar at the High Court, Kuala Lumpur in 1963 and she rose through the ranks. She was elevated as a Judge of the High Court Malaya in 1983, Judge of the Court od Appeal Malaysia in 1994, Judge Federal Court Malaysia in 2001, and Chief Judge Malaya in 2005 from where she retired in 2007. Currently she is a 1. Pro-Chancellor of University Malaya since 2007. 2. Honorary bencher of Gray’s Inn, London. 3. Judge of the DIFC Courts in the United Arab Emirates since 2008. 4. Chairman of i. RAM Holdings Berhad ii. RAM Rating Services Berhad iii. Financial mediation BureauShe also sits as a Director in Tenaga Nasional Berhad.

SPEAKERS

Y.BHG. PROFESSOR DATUK DR. NOOR AZLAN GHAZALIHead, Economics and Management Cluster, Majlis Profesor Negara (National Council of Professors, Malaysia) Professor Datuk Dr. Noor Azlan is the Deputy Vice-Chancellor (Academic and International Affairs) of Universiti Kebangsaan Malaysia and an economist. He began his career at the University over 20 years ago as a lecturer in the Faculty of Business. Professor Noor Azlan is the Commonwealth Fellow of Financial Economics & Banking at the Association of Commonwealth Universities (ACU) as well as the Mason Fellow at the Kennedy School of government, Harvard University, USA. He currently heads the Economics and Management Cluster at the Majlis Profesor Negara (National Council of Professors, Malaysia). Professor Noor Azlan obtained a Master in Public Administration (MPA) from Harvard University. He earned his MBA in Finance and PhD in Economics from the University of Nebraska-Lincoln, USA. From April 2006 till September 2009, Professor Noor Azlan was seconded to the Prime Minister’s Department. During his tenure at the PM’s Department, he served as the Head of the Special Consultancy Team on Globalization, National Economic Action Council (NEAC), the Director of Microeconomics and Investments, National Implementation Directorate (NID) and the Director of the Malaysian Development Institute (MDI), Economic Planning Unit (EPU). Prior to his secondment, he was the Dean at the Faculty of Economics and Business and the Chair at the Graduate School of Business, Universiti Kebangsaan Malaysia. Throughout his career, Professor Noor Azlan has been actively participating in national level strategic initiatives, and has assumed leadership roles in several of them. These include, among others, the Blue Ocean Strategy Study on Macro Strategic Directions, the New Sources of Growth Initiative of the Economic Council, formulation of strategic directions as well as the development of an outcome-based framework for the 10th Malaysia Plan.

Y.BHG. PROFESSOR DATO’ DR. S. SOTHI RACHAGANMember of the Commission, Malaysia Competition Commission (MyCC)

Professor Dato’ Dr. Sothi Rachagan has been appointed Perdana University vice-chancellor from 2nd May 2013. He previously served at University Malaya (UM) as a Faculty of Law dean and Nilai University as vice president (Academic Affairs). Prof Sothi obtained his undergraduate degree from UM, a post-graduate diploma in Arts and a Masters in Arts from the University of Otaga in New Zealand. He went on to do a Masters in Law from the University of Bristol, United Kingdom (UK) and obtained his PhD from the School of Oriental and African Studies, University of London, UK. He is a qualified lawyer. He is a Barrister at Law (Lincolns’ Inn) and an Advocate & Solicitor of the High Court of Malaya. He has published widely and presented research papers at leading seminars and conferences worldwide. Perdana University board of governors Chairman Tan Sri Dr Mohan Swami said Prof Sothi’s attributes, qualifications and experience are ideal to take the University to its next phase. Perdana University is set to introduce new faculties and programmes. Prof Sothi has taught summer programmes in universities in Belgium, Canada, Germany and Japan and is also a member of the Malaysia Competition Commission (MyCC) from 2011. He serves on the International Advisory Panel of the United Nations Conference on Trade and Development and is currently president of the International Association of Consumer Law. Prof Sothi also previously served in other bodies such as the Insurance Mediation Bureau, the Disciplinary Panel of the Legal Profession and the Task Force for the formulation of the National Consumer Policy as well as committees in various ministries.

Y.BHG. PROFESSOR DATIN DR. HASNAH HARONMember of the Commission, Malaysia Competition Commission (MyCC)

Professor Datin Dr. Hasnah Haron is a Professor of Auditing at the Graduate School of Business, Universiti Sains Malaysia. In 1996, she was conferred a PhD degree from the University of Hull, United Kingdom. Hasnah carries with her more than 25 years of academic experience. She was the founding Dean of the Graduate School of Business at Universiti Sains Malaysia. She is a professional member of CPA Australia, a Chartered Accountant of the Malaysian Institute of Accountant and a Fellow of the Institute of Internal Auditors Malaysia. She is a member of the Commission, Malaysia Competition Commission(MyCC) since 2011. She serves as a non executive director of a company and has recently been appointed as Chairman of Audit Committee of Sultan Mizan Antarctic Research Foundation. Hasnah is also involved in many consultancy projects, that include the development of the Corporate Integrity System Malaysia with Institute Integriti Malaysia and has acted as the lead consultant to examine the Effectiveness of Parole System with the Prison Department of Malaysia. Her active role in the university and in the professional accounting circle, has much shaped her publications. Hasnah has not only published in internationally refereed journals but also in Professional Accountancy Journals. Her most recent appointment is as a member of Economics and Management Cluster, National Council of Professors Malaysia.

Y.BHG. ASSOCIATE PROFESSOR DR. SOFRI YAHYADean, Graduate School of Business, Universiti Sains Malaysia

Associate Professor Dr. Sofri Yahya is the Dean and also an Associate Professor in Accounting at the Graduate School of Business, Universiti Sains Malaysia. Dr. Sofri received his bachelor’s degree, majoring in Accounting, from Eastern Michigan University, and his Masters and Ph.D in Accounting and Management from the University of Southampton in the United Kingdom. Immediately upon graduation in 1988, he started his career in a food company for two years where he was assigned to head the accounts section and was responsible for managing the accounts, budgeting, and financial control. In 1990, he worked as a tax accountant in an accounting firm before leaving for the United Kingdom to continue his study under the fellowship scheme in 1992. Dr. Sofri joined USM in 1998, where he was initially attached to the School of Management before moving on to the Graduate School of Business in 2008. Aside from his teaching commitments, Dr. Sofri has been actively involved in consultancy and contract research. One of his major appointments was as a Consultant to a project for Pharmaniaga Berhad, worth RM750,000.

Y.BHG. PROFESSOR DR. IZANI IBRAHIMDean, UKM-Graduate School of Business, Universiti Kebangsaan Malaysia

Professor Dr. Izani Ibrahim is a Professor of Econometrics and Corporate Finance and is currently the Dean at the Graduate School of Business, Universiti Kebangsaan Malaysia (UKM-GSB). He graduated from Pennsylvania State University, USA (1985) and obtained MSc. from the University of Nebraska, Lincoln, USA (1992), both in Actuarial Science. In 1996, he obtained his PhD. from the University of Nebraska, Lincoln, USA. He is also a certified risk manager (Certified in Risk Management - CRM).

SECRETARIAT

UKM-GRADUATE SCHOOL OF BUSINESS, UNIVERSITI KEBANGSAAN MALAYSIAProfessor Dr. Izani IbrahimAssociate Professor Dr. Puan YatimMr. Roslan JaafarMrs. Fatimah OthmanMrs. Khairul Bahyah SamahMrs. Samruhaizad Samian @ SamionMr. Mohd Fadzil RamliMrs. Moliawati DahalanMrs. Normasdira JusohMiss. Nur Faidah Mohd Ariff

GRADUATE SCHOOL OF BUSINESS, UNIVERSITI SAINS MALAYSIAProfessor Dato’ Dr. Ishak IsmailAssociate Professor Dr. Sofri Yahya

MALAYSIA COMPETITION COMMISSION (MyCC)Professor Dato’ Dr. S. Sothi RachaganMdm. Shila Dorai RajMrs. Ayuda Sari IsmailMiss Noor Khalijah MazlanMiss Jamuna Shangkari Arumugan

MAJLIS PROFESSOR NEGARA (NATIONAL COUNCIL OF PROFESSORS, MALAYSIA)Professor Datuk Dr. Noor Azlan Ghazali (UKM-Graduate School of Business, UKM)Professor Datin Dr. Hasnah Haron (Graduate School of Business, USM)Associate Professor Dr. Low Soo Wah (UKM-Graduate School of Business, UKM)

PRELIMINARY SCHEDULE

08:00 – 09:00 Registration and Light Refreshment

09:00 – 09:15 Welcoming remarks by Y.Bhg. Professor Dr. Izani Ibrahim Dean of UKM-Graduate School of Business

09:15− 09:30 Welcoming remarks by Y.Bhg. Tan Sri Dato’ Seri Siti Norma Yaakob, Chairman, Malaysia Competition Commission (MyCC)

09:30 – 10:00 Opening address by YB. Dato' Seri Idris Jusoh The Honourable Minister of Education II

10:00− 10:30 Coffee Break

10:30 – 10:50 Session 1: Overview of Competition Act 2010 and MyCC’s Initiatives on Education Y.Bhg. Professor Datin Dr. Hasnah Haron Member of the Commission, Malaysia Competition Commission (MyCC)

10:50 – 12:50 Session 2: Competition Act 2010: The Role of Universities and Academics

Panel session: Professor Richard Whish, Professor of Law, King’s College, UK Professor Dr. Iwakazu Takahashi, Professor of Law, Graduate School of Law, Meiji University, Japan Y. Bhg Professor Datuk Dr. Noor Azlan Ghazali Head, Economics and Management Cluster, Majlis Profesor Negara (National Council of Professors, Malaysia) Moderator: Y. Bhg. Professor Dato’ Dr. S. Sothi Rachagan, Member of the Commission, Chairman of Working Committee on Advocacy, Malaysia Competition Commission (MyCC)

12:50 – 13:00 Closing remarks by Y.Bhg. Dato’ Saripuddin Kasim Secretary General, Ministry of Domestic Trade, Co-operatives and Consumerism Member of the Commission, Malaysia Competition Commission (MyCC)

13:00 Adjourn for lunch

INSTITUTING THE COMPETITION ACT 2010:

ROLE OF UNIVERSITIES AND ACADEMICS Date: 24 September, 2013 | Venue: Room 406 – 407, Level 4, Kuala Lumpur Convention Centre, KLCC

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