Jan 10 hearing set for Grab's bid to quash RM86m proposed fine
The Kuala Lumpur High Court has set Jan 10 next year to hear Grab’s legal action to overturn a proposed RM86 million fine for alleged contravention of competition laws.
The ride-hailing firm’s counsel Lim Chee Wee confirmed the hearing date of the merits of the judicial review...
The Kuala Lumpur High Court has set Jan 10 next year to hear Grab’s legal action to overturn a proposed RM86 million fine for alleged contravention of competition laws.
The Malaysian Competition Commission's (MyCC) counsel Lim Chee Wee confirmed the hearing date of the merits of the judicial review.
The regulator is the respondent targeted by the ride-hailing firm’s legal action.
“Grab (judicial review is set for hearing on) Jan 10 (2022) at 2.30pm,” he told Malaysiakini recently.
On Dec 30, 2019, Grab Inc as well as related corporate entities Grabcar Sdn Bhd and Myteksi Sdn Bhd, filed the judicial review bid against the MyCC.
On Oct 3 the same year, it was reported that MyCC proposed a fine of more than RM86 million against Grab for allegedly violating the Competition Act 2010, through its purported imposing of restrictive clauses on its drivers.
The ride-hailing firm seeks among others, a declaration that the regulator is not empowered to publicise or communicate the proposed decision via the publication of a news release titled “MyCC proposes to fine Grab RM86 million for abusive practices” at its website as well as during a press conference on Oct 3, 2019.
Grab contended among others that in the course of MyCC’s investigation which began on Dec 3, 2018, the regulator did not specify the basis of its belief on how Grabcar and Myteksi, which are collectively also known as Grab Malaysia, had contravened Section 10 (1) of the Competition Act.
Section 10 (1) states that an enterprise is prohibited from engaging, whether independently or collectively, in any conduct which amounts to an abuse of a dominant position in any market for goods or services.
Grab also alleged that the regulator had not abided by the Competition Act by giving the ride-hailing firm adequate notice that it was under investigation and to inform the company about the nature of the alleged infringement to afford the firm a meaningful opportunity to be heard during the probe.
On March 9 last year, the High Court denied leave for Grab to proceed with the legal action, ruling that MyCC’s proposed fine is not a final decision suitable for judicial review.
However, on April 19 this year, the Court of Appeal allowed Grab’s appeal to be granted leave to commence with the judicial review, ruling that there is an arguable case to be made during a hearing of the legal action’s merits at the High Court level.
MyCC then appealed to the Federal Court, which set Feb 9 next year to hear the regulator’s appeal to quash the judicial review granted to the ride-hailing firm.
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