CAT issues decision of infringement of section 10(1) of the Competition Act 2010 for bid-rigging conduct

27 February 2024

On 19 September 2023, the Competition Appeal Tribunal (“CAT”) issued its grounds of decision relating to the alleged bid-rigging conduct by the following entities:

o      Caliber Interconnects Sdn. Bhd.;

o      Novatis Resources Sdn. Bhd.;

o      Silver Tech Synergy Sdn. Bhd.; and

o      Basenet Technology Sdn. Bhd.

(collectively, “Appellants”), in respect of a bidding contract awarded by the National Academy of Arts, Culture and Heritage of Malaysia (“ASWARA”).

The MyCC had found that the Appellants had participated in bid-rigging conduct in the award of a contract by ASWARA, resulting in an infringement of section 4 of the Competition Act 2010. In its grounds of decision, the CAT dismissed all appeals, and adjusted the individual penalties for two entities for being the instigator of the bid-rigging conduct, and for attempts to destroy evidence and obstructing the investigation.