MyCC issues decision of non-infringement of section 10(1) of the Competition Act 2010

27 February 2024

On 13 September 2023, the Malaysia Competition Commission (MyCC) issued a decision concluding that Delivery Hero (Malaysia) Sdn. Bhd. had not infringed section 10(1) of the Competition Act 2010, relating to the imposition of an exclusivity clause in the agreement between Foodpanda and its merchants in an arrangement known as the "Preferred Partnership Category". Such an arrangement was alleged to exclude its competitors as the conduct may induce merchants to subscribe to the Preferred Partnership Category to obtain a lower commission rate, thereby resulting in the distortion of the competition process.