MyCC Is Denied Permission To Appeal In The Grab Holdings Case

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The Malaysia Competition Commission's (MyCC) request for permission to challenge a Court of Appeal ruling in a case involving Grab Holdings Inc. and its subsidiaries was denied by the Federal Court.

The court had given Grab Holdings Inc. and its subsidiaries permission to start a judicial review in April of last year in order to contest MyCC's proposed imposition of an RM86.77 million punishment on them.

Judges Datuk Nallini Pathmanathan, Datuk Seri Hasnah Mohammed Hashim, and Datuk Mary Lim Thiam Suan made up the three-judge panel that heard the arguments made by the parties in the leave application.

After the judgement, the High Court would hear the judicial review request made by Grab Holdings, MyTeksi Sdn Bhd, and GrabCar Sdn Bhd.

Nallini stated that the question on the court's agenda was whether the proposed decision (to impose the punishment) issued under Section 36 of the Competition Act 2010 is subject to judicial review.

"While that is a question of law that can be answered at this juncture, or after the judicial review in the High Court, given the factual matrix of this case, and the length of time that had elapsed, we are of the view that it is correct that the matter be disposed of in its entirety in the High Court," she said.

Nallini claimed that MyCC has been given explicit permission by this court to bring amenability and jurisdictional disputes before the High Court.

She also mandated that MyCC pay RM30,000 in fees.

MyCC's attorney Datuk Seri Gopal Sri Ram urged the court to grant his client's request for leave to appeal in today's online hearings since MyCC's proposed decision to sanction Grab and its affiliates was not subject to judicial review.

He claimed that the Competition Act already mandated an internal process that had to be completed in relation to the proposed judgement under Section 36 of the Competition Act, but the Court of Appeal did not take that into consideration. 

Datuk Malik Imtiaz Sarwar is the attorney for Grab Holdings and its subsidiaries objected to the leave to appeal application.

He argued that the High Court need to consider the merits of the firms' judicial review application before making a decision.

Grab Holdings and its two subsidiaries requested permission to launch a judicial review to contest MyCC's proposed decision to penalise the companies on September 23, 2019.

However, the High Court rejected Grab Holdings' application in February 2020 because it thought the action was premature given that the proposed ruling had not yet been rendered.

On April 19 of last year, the Court of Case, hearing the appeal, gave the three corporations permission to start a judicial review.

MyCC then applied for leave to appeal in the Federal Court as a result of this.

Source: Bernama