MAS, AirAsia win appeals to quash fine
Malaysia Airlines and AirAsia Bhd have won their appeals to quash the RM10mil fine imposed on each of them by the Malaysia Competition Commission (MyCC) for breaching a market-sharing prohibition. A Court of Appeal three-member bench led by Justice Datuk Hanipah Farikullah allowed the appeals by both carriers to reinstate the decision of the Competition Appeal Tribunal (CAT) which found that they did not infringe Section 4 (2) of the Competition Act 2010. Justice Hanipah, who delivered the court’s decision, said CAT is an appellate authority and MyCC must abide by its decision. “It (MyCC) cannot ignore or challenge the decision of the appellate authority unless it is provided by Parliament, ” she said. Justice Hanipah said the court was of the view that MyCC was not a person who is adversely affected by CAT’s decision.<br/>
https://portal.staralliance.com/cms/news/hot-topics/2021-04-28/oneworld/mas-airasia-win-appeals-to-quash-fine
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MAS, AirAsia win appeals to quash fine
Malaysia Airlines and AirAsia Bhd have won their appeals to quash the RM10mil fine imposed on each of them by the Malaysia Competition Commission (MyCC) for breaching a market-sharing prohibition. A Court of Appeal three-member bench led by Justice Datuk Hanipah Farikullah allowed the appeals by both carriers to reinstate the decision of the Competition Appeal Tribunal (CAT) which found that they did not infringe Section 4 (2) of the Competition Act 2010. Justice Hanipah, who delivered the court’s decision, said CAT is an appellate authority and MyCC must abide by its decision. “It (MyCC) cannot ignore or challenge the decision of the appellate authority unless it is provided by Parliament, ” she said. Justice Hanipah said the court was of the view that MyCC was not a person who is adversely affected by CAT’s decision.<br/>
