EIGHT companies that were recently fined a total of RM92.8 million by the Malaysia Competition Commission (MyCC) for allegedly participating in a bid-rigging cartel during open tenders in 2019 have announced plans to appeal the decision.
The companies involved in the case are IDX Multi Resources Sdn Bhd, Dutamesra Bina Sdn Bhd, Mangkubumi Sdn Bhd, Menang Idaman Sdn Bhd, Meranti Budiman Sdn Bhd, Pintas Utama Sdn Bhd, NYL Corporation Sdn Bhd, and Kiara Kilat Sdn Bhd.
According to The New Straits Times, IDX Multi Resources Sdn Bhd director, Rahmat Hidayat Mohamed, stated that the company intends to seek a stay of execution on the penalty while the appeal is processed.
"We believe MyCC's decision and the penalty imposed are without merit, and we intend to challenge their findings to protect our reputation and maintain integrity. We are currently consulting with legal advisors to take appropriate action," he said.
On February 28, 2025, MyCC imposed the RM92.8 million fine on the eight companies for their involvement in a bid-rigging scheme affecting over 200 businesses during the 2019 tender process.
Previously, MyCC had announced its proposed decision in April 2024.
Rahmat Hidayat added that the companies had submitted a judicial review application to the Kuala Lumpur High Court in May 2024, with a decision expected on April 30, 2025. Despite this, MyCC issued the final penalty before the court’s ruling.
"The procurement process in 2019 was conducted via open tender, involving over 200 companies, which suggested significant competition," Rahmat Hidayat explained.
He also pointed out that the companies involved made up only 2 percent of the total participants and had no impact on the "cut-off" price for the tenders.
He further emphasized that the bid prices submitted by the companies were below the Public Works Department's estimated costs, meaning there was no financial loss to the government. – March 9, 2025