Volume 38 (2015) / Issue 1
Bryane Michael, Mark Williams, Susila Munisamy, 'A Law and Economics Analysis of the Incentives Driving Malaysian Banks Compliance with the Malaysian Competition Act' (2015) 38 World Competition, Issue 1, pp. 133–169
Judging by only economic incentives, Malaysian financial institutions (particularly banks) should carefully consider the incentives driving the Competition Act. The data show that Malaysian banks remain vulnerable to incentives leading to anticompetitive behaviour. The Malaysian Competition Commission will likely lack the resources to investigate and sanction anticompetitive behaviour in Malaysia's banking industry. Maximum fines of MYR 10 million and revenue-tied penalties of only 10% of worldwide revenue mean that banks still have strong incentives to engage in anticompetitive behaviour and to pay any low fine that might be levied. By staying the course, Malaysian banks can continue to earn about MYR 15 billion (approximately USD 4.6 billion in anticompetitive rents).
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