Malaysian Communications And Multimedia Commission (MCMC) | Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM) - Anti-Competitive Complaint Form (Communications Market)

A) LICENSEE'S DETAILS (Licensee lodging the complaint)

i) Company Name:*

ii) Type of Licence:

Network Facility Provider (NFP)

Class of Licence:

Start date of validity period (mm/dd/yyyy):

Today

End date of validity period (mm/dd/yyyy):

Today

Licence/Registration Number:

Network Service Provider (NSP)

Class of Licence:

Start date of validity period (mm/dd/yyyy):

Today

End date of validity period (mm/dd/yyyy):

Today

Licence/Registration Number:

Content Application Service Provider (CASP)

Class of Licence:

Start date of validity period (mm/dd/yyyy):

Today

End date of validity period (mm/dd/yyyy):

Today

Licence/Registration Number:

Application Service Provider (ASP)

Class of Licence:

Start date of validity period (mm/dd/yyyy):

Today

End date of validity period (mm/dd/yyyy):

Today

Licence/Registration Number:

iii) Address:*

iv) Office Contact Number:*

v) Email Address:*

vi) Brief description of products or services provided by licensee:*

vii) Coverage area the product or service is provided:*

B) DETAILS OF LICENSEE(S) COMPLAINED AGAINST

i) Company Name:*

ii) Brief description regarding this complaint:*

iii) Brief description of product and services provided by this licensee:*

iv) Coverage area the product or service is provided:*

v) Address:*

vi) Contact Number:*

vii) Email Address:*

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C) ANTI-COMPETITIVE COMPLAINT DETAILS

Type of Prohibition:

Anti-competitive conduct

I) Prohibition of anti-competitive conduct under Section 133 and/or Section 139 of the CMA 1998

Licensee complained against has engaged/is engaging in a conduct that has the purpose and/or effect of substantially lessening of competition in a communications market. Please refer to the Guideline on Substantial Lessening of Competition for guidance

a) Type of Conduct

Predatory Pricing

b) Communications market(s) in which the conduct occurs (refer to Market Definition Analysis):

c) Details of the conduct giving rise to the complaint

i) Please elaborate details of the conduct:

ii) What is the impact of this conduct?:

iii) Please substantiate your claims by submitting supporting documents:

iv) Who are the other suppliers of products or services in this market?:

v) Please explain the pricing behaviour of competitors in this market? Is there a price leader?:

vi) Please substantiate your complaint on predatory pricing with cost breakdown details including average variable cost and average total cost:

vii) Your current and historical costs (past 3 years) on pricing, profit margin and cost; and the complainant if available:

viii) To your knowledge, has the conduct resulted in exit of competitor(s) or barriers to entry in the market:

ix) Please attach any additional information:

d) Duration of the conduct

i) Start date of the conduct (mm/dd/yyyy):

Now

ii) End date of the conduct (mm/dd/yyyy):

Now

e) Supporting document to substantiate the alleged conduct:

Margin Squeeze

b) Communications market(s) in which the conduct occurs (refer to Market Definition Analysis):

c) Details of the conduct giving rise to the complaint

i) Please elaborate details of the conduct:

ii) What is the impact of this conduct?:

iii) Please substantiate your claims by submitting supporting documents:

iv) Who are the other suppliers of products or services in this market?:

v) Please substantiate your complaint on margin squeeze with an imputation test to show the margin between wholesale and retail price is insufficient to compete in the downstream market:

vi) To your knowledge, has the conduct resulted in exit of competitor(s) or barriers to entry in the market?:

vii) Please attach any additional information:

d) Duration of the conduct

i) Start date of the conduct (mm/dd/yyyy):

Now

ii) End date of the conduct (mm/dd/yyyy):

Now

e) Supporting document to substantiate the alleged conduct:

Refusal to Supply

b) Communications market(s) in which the conduct occurs (refer to Market Definition Analysis):

c) Details of the conduct giving rise to the complaint

i) Please elaborate details of the conduct:

ii) What is the impact of this conduct?:

iii) Please substantiate your claims by submitting supporting documents:

iv) Who are the other suppliers of products or services in this market?:

v) Please substantiate your complaint on products or services which is the subject of request for this supply.:

vi) Reasons for refusing to supply:

vii) Please attach any additional information:

d) Duration of the conduct

i) Start date of the conduct (mm/dd/yyyy):

Now

ii) End date of the conduct (mm/dd/yyyy):

Now

e) Supporting document to substantiate the alleged conduct:

Bundling

b) Communications market(s) in which the conduct occurs (refer to Market Definition Analysis):

c) Details of the conduct giving rise to the complaint

i) Please elaborate details of the conduct:

ii) What is the impact of this conduct?:

iii) Please substantiate your claims by submitting supporting documents:

iv) Who are the other suppliers of products or services in this market?:

v) Please explain the pricing behaviour of competitors in this market? Is there a price leader? :

vi) Please substantiate your complaint about the bundled product or services and the terms and condition of supply.:

vii) Please elaborate the barriers to entry in relations to the supply of the bundled products or services:

viii) Please attach any additional information:

d) Duration of the conduct

i) Start date of the conduct (mm/dd/yyyy):

Now

ii) End date of the conduct (mm/dd/yyyy):

Now

e) Supporting document to substantiate the alleged conduct:

Foreclosure Strategies

b) Communications market(s) in which the conduct occurs (refer to Market Definition Analysis):

c) Details of the conduct giving rise to the complaint

i) Please elaborate details of the conduct:

ii) What is the impact of this conduct?:

iii) Please substantiate your claims by submitting supporting documents:

iv) Who are the other suppliers of products or services in this market?:

v) Is the licensee to the exclusive dealing arrangements in a dominant position in relation to the acquisition or supply of products or services? :

vi) What are the constraints imposed by this exclusive dealing? :

vii) Has the exclusive dealing affected pricing, quality, market entry or market structure? :

viii) Are there any unreasonable terms of supply imposed? Please provide details.:

ix) Are you required to provide commercially sensitive information? Please provide details.:

x) To your knowledge, has the conduct resulted in exit of competitor(s) or barriers to entry in the market?:

xi) Please attach any additional information:

d) Duration of the conduct

i) Start date of the conduct (mm/dd/yyyy):

Now

ii) End date of the conduct (mm/dd/yyyy):

Now

e) Supporting document to substantiate the alleged conduct:

Entering into collusive agreements

II) Prohibition on entering into collusive agreements under Section 135 of the CMA 1998

a) The licensee complained against entered into any understanding, agreement or arrangement, whether legally enforceable or not, which provides for:

b) Communications market(s) in which the conduct occurs (refer to Market Definition Analysis):

c) Is the licensee(s) complained against dominant in the said market?:

d) Details of the per se prohibition:

e) Supporting documents to substantiate the allegation:

Tying and linking agreements

III) Prohibition on tying and linking agreements under Section 136 of the CMA 1998

Licensee complained against has made/making it the condition for the provision or supply of a product or service in a communications market that the person acquiring such product or service in the communications market is also required to acquire or not to acquire any other product or service either from himself or from another person.

a) Communications marke(s) in which the conduct occurs (refer to Market Definition Analysis):

b) Is the licensee(s) complained against dominant in the said market?:

c) Details of the per se prohibition:

d) Supporting documents to substantiate the allegation:

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D) DETAILS OF OTHER PARTIES THAT MAY HAVE FURTHER INFORMATION ON THE SAID COMPLAINT

Competitor

Competitor A

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

Competitor B

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

Competitor C

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

Supplier

Supplier A

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

Supplier B

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

Supplier C

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

Customer

Customer A

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

Customer B

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

Customer C

Company Name:

Contact Person:

Email address:

Office number:

Hand phone number:

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E) OTHER INFORMATION

Provide any other information which may assist the Commission’s assessment:

Please attach the relevant documents, where applicable:

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F) DECLARATION

Pursuant to section 241 of the Communications and Multimedia Act 1998, a person who knowingly gives false and misleading information to the Malaysian Communications and Multimedia Commission officers commits an offence and shall, on conviction, be liable to a fine or to imprisonment as set out in the above mentioned Act.

The complainant as listed below, declares and confirms that all information and supporting documentation provided with this application is true and correct to the best of their knowledge and belief.

Signed for and on behalf of the complainant Company, identified below, in accordance with section 66 of the Companies Act 2016.

Company name (Complainant):*

Insert your digital signature here (Signature of head of department and above) :*

Full name:*

Designation:*

Date:*

Today

Complainant Contact Details

In the event there are further enquires to the information submitted in this Complaint Form, please designate a contact person for the Commission to contact as follows:

Name :*

Designation:*

Office tel. number :*

Hand phone number:*

Email address:*

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Please attach cover letter pertaining to this complaint by attention to:

Malaysian Communications and Multimedia Commission,

MCMC Tower 1, Jalan Impact, Cyber 6,

63000 Cyberjaya,Selangor

Attention to: Head, Competition Department

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Laman Sesawang Rasmi bagi

Suruhanjaya Komunikasi dan Multimedia Malaysia

Malaysian Communications and Multimedia Commission

Carian

Carian

Muat Turun

Anti-Competitive Complaint Form (Communications Market)

Licensees are required to provide comprehensive responses, substantiated with evidence. Failure to provide sufficient information, may impact the Commission's assessment of the anti-competitive conduct.

A) LICENSEE'S DETAILS (Licensee lodging the complaint)

B) DETAILS OF LICENSEE(S) COMPLAINED AGAINST

C) ANTI-COMPETITIVE COMPLAINT DETAILS

D) DETAILS OF OTHER PARTIES THAT MAY HAVE FURTHER INFORMATION ON THE SAID COMPLAINT

E) OTHER INFORMATION

F) DECLARATION

Malaysian Communications and Multimedia Commission,

MCMC Tower 1, Jalan Impact, Cyber 6,

63000 Cyberjaya,Selangor

Attention to: Head, Competition Department

Kandungan Berkaitan

Awam

Industri

Sumber

Pautan Pantas

Forum

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Laman Sesawang Rasmi bagi

Suruhanjaya Komunikasi dan Multimedia Malaysia

Malaysian Communications and Multimedia Commission

Carian

Carian

Muat Turun

more links

Anti-Competitive Complaint Form (Communications Market)

Licensees are required to provide comprehensive responses, substantiated with evidence. Failure to provide sufficient information, may impact the Commission's assessment of the anti-competitive conduct.

A) LICENSEE'S DETAILS (Licensee lodging the complaint)

B) DETAILS OF LICENSEE(S) COMPLAINED AGAINST

C) ANTI-COMPETITIVE COMPLAINT DETAILS

D) DETAILS OF OTHER PARTIES THAT MAY HAVE FURTHER INFORMATION ON THE SAID COMPLAINT

E) OTHER INFORMATION

F) DECLARATION

Malaysian Communications and Multimedia Commission,

MCMC Tower 1, Jalan Impact, Cyber 6,

63000 Cyberjaya,Selangor

Attention to: Head, Competition Department

Kandungan Berkaitan

Awam

Industri

Sumber

Pautan Pantas

Terus berhubungan dengan MCMC

Forum

Follow