High Court rules private parties may bring private lawsuits for losses allegedly caused by anti-competitive behaviour

19 January 2026

In a case involving Heineken Malaysia and Heineken Marketing, the Malaysia High Court has ruled that individuals and businesses in Malaysia can bring private lawsuits for losses allegedly caused by anti-competitive behaviour, even if the Malaysia Competition Commission (“MyCC”) has yet to make a formal determination of infringement.

At the time of writing, the decision has not been formally released. However, public reports note the court’s key findings as follows:

• The absence of a finding by MyCC is not equivalent to non-infringement, it merely signifies that no regulatory conclusion has been reached;
• The statutory right to pursue a private action pursuant to section 64(1) of the Competition Act remains intact even if MyCC declines or fails to act on a complaint; and
• “Regulatory silence”, that is, where there is no finding or decision by a regulator, does not prevent civil lawsuits, implying that consumers or businesses do not necessarily need a prior MyCC decision to sue for an alleged infringement of the Competition Act.

This allows a more direct avenue for private legal recourse against suspected anti-competitive conduct. This position appears to be a departure from the earlier High Court decision in Gabungan Pertubuhan Teksi, Kereta Sewa, Limosin dan Teksi Lapangan Terbang Semalaysia – GTSM v GrabCar Sdn Bhd [2022] 1 CLJ 956, where the court ruled that there must be a finding of an infringement by MyCC before any private right of action under section 64 of the Competition Act can be pursued.