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Forum Home > General Discussion > Professional Fees and the Malaysian Competition Act 2010

Sr Samuel Chong
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PROFESSIONAL FEES AND THE MALAYSIAN COMPETITION ACT 2010


Among all the news articles on the introduction of the new Competition Act, there was one that mentioned / discussed 'exemptions'.

I think it was an article that appeared in Daily Express probably about a year ago.

According to the article, Professional Scale of Fees was one of those listed as examples of 'exemptions'.

I cant dig back that article but I remember the flow of argument.

So, I did some research below to reproduce the point made.


There's a good authoritative website on the Malaysian Competition Act, ie the website of the "Suruhanjaya Persaingan Malaysia" - website address

http://www.mycc.gov.my/

You can get a full copy of the Malaysian Competition Act 2010 from the Suruhanjaya Persaingan Malaysia website - click link below :

http://www.mycc.gov.my/App_Component/Download.aspx?FilePath=http%3A%2F%2Fwww.mycc.gov.my%2FApp_File%2FWebPage%2FUploadItem%2FPageDocument%2F36318a56-887b-4e06-8ae3-588e7fdf9775.pdf


According to Chapter 4 on "Exclusion", Clause 13(1)

The prohibitions under Part II shall not apply to the matters specified in the Second Schedule.

(ie the anti-competitive prohibitions shall NOt apply to matters in 2nd schedule)

According the the Second Schedule, which appears at the end of the booklet on Competition Act 2010,

... this Act shall not apply to - (a) an agreement or conduct to the extent to which it is engaged in an order to comply with a legislative requirement;

Now, all the professionals - Architects, Engineers, QS - are all formed with under some Acts or legislative laws - Architect Act, Engineers Act, QS Act.

So, the Architects, Engineers and QS are all 'engaged in an order to comply with a legislative requirement'.

Therefore, the professionals formed under the various Acts are part of the EXEMPTIONS mentioned in Chapter 4 / Clause 13 !


According to the QS Act,

Part II / Functions of the Board / Clause 4(d)

The functions of the Board shall be -

(d) to fix from time to time with the approval of the Minister the scale of fees to be charged by registered Quantity Surveyors and firms or bodies corporate ....

Fixing Scale of Fees is part of the functions of the Board of QS - part of the QS Act / legislation !!

Nobody seem to emphasize or highlight our legislated exemption as per Chapter 4 / Clause 13 of the Competition Act so far.


I think it's good to start highlighting or clarifying this issue before we give away too much high ground advantage.

Isn't the above enough or clear that our professional scale of fees is exempted ?

Shall we get RISM Council / BQSM to get clarification / confirmation from the Suruhanjaya ?

August 9, 2012 at 8:31 PM Flag Quote & Reply

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