Business

MyCC gets to stay hearing of Grab’s proposed RM86.77 mil fine

Counsel for Grab Holdings objects to application saying case has been pending since 2019, report states

Updated 4 years ago · Published on 09 Feb 2022 6:32PM

MyCC gets to stay hearing of Grab’s proposed RM86.77 mil fine
On May 18 last year, MyCC filed an application for leave to appeal against the Court of Appeal’s ruling to allow Grab Holdings Inc and its subsidiaries to commence a judicial review to challenge the commission’s proposed imposition of RM86.77 million fine on them, reports state. – Bernama pic, February 9, 2022

PUTRAJAYA – The Federal Court here today allowed the application by Malaysian Competitions Commission (MyCC) to stay the hearing of Grab Holdings Inc’s legal challenge against the proposed imposition of an RM86.77 million fine, scheduled to begin next Monday at the Kuala Lumpur High Court.

The decision was made by a three-member bench chaired by Court of Appeal president Tan Sri Rohana Yusuf.

“We grant the order of an interim stay of the judicial review hearing pending the disposal of MyCC’s leave application (before the Federal Court).

“We adjourned today’s matter, pending the Court of Appeal grounds of judgment being made available to MyCC,” said Justice Rohana who sat with Justices Datuk Abdul Rahman Sebli and Datuk Mary Lim Thiam Suan.

Earlier, MyCC’s counsel Datuk Seri Gopal Sri Ram submitted that the commission sought to stay the hearing, as the regulator had yet to be provided with the full written grounds of the Court of Appeal ruling that granted the judicial review leave.

“We need to see how the Court of Appeal grounds of judgment dealt with the issue. The regulator would be put in a difficult position if the Monday’s hearing commences, while the appeal before the Federal Court is yet to conclude,” said Sri Ram.

Counsel Datuk Malik Imtiaz Sarwar who acted for Grab Holdings, objected to the stay application as the case has been pending since 2019.

On May 18, 2021, MyCC filed an application for leave to appeal against the Court of Appeal’s ruling to allow Grab Holdings Inc and its subsidiaries to commence a judicial review to challenge the commission’s proposed imposition of RM86.77 million fine on them.

On April 19, 2021, a three-man bench of the Court of Appeal led by Justice Datuk Hanipah Farikullah granted leave to Grab Holdings and its two subsidiaries, namely GrabCar Sdn Bhd and MyTeksi Sdn Bhd, to initiate judicial review against MyCC’s proposal to fine them for allegedly abusing their dominant position.

The appellate court had directed the case be remitted to the high court for hearing of the merits of the judicial review.

Justice Hanipah had allowed the appeal by Grab and its two subsidiaries to set aside the high court’s decision, which did not favour them.

Subsequently, MyCC filed the leave application to appeal to the Federal Court on several questions of law, which the company said are of significance and public interest.

In civil cases in the Federal Court, a litigant is required to get leave for the merits of the appeal to be heard.

MyCC had alleged that Grab abused its dominant position by imposing a restrictive clause on its drivers, which effectively prevented them from promoting Grab’s current and potential competitors on e-hailing platforms and in transit media advertising.

Grab and its subsidiaries lost their bid for leave for judicial review in the high court, which had ruled that the move was premature, given that the proposed decision was not yet final. – Bernama, February 9, 2022

Related News

Malaysia / 3mth

Syed Saddiq walks free: Federal Court upholds acquittal

Malaysia / 3mth

PAC: GL holders charged excessively compared to cash-paying patients

Malaysia / 5mth

Court of Appeal: Emergency proclamations beyond judicial review

Malaysia / 6mth

Court of Appeal grants stay on order over Sabah's 40 per cent revenue entitlement

Malaysia / 6mth

Apex court grants PETRONAS leave to challenge Sarawak state laws

Malaysia / 7mth

Isa Samad wants Federal Court to reconsider its decision to convict him

Spotlight

Malaysia

Haze: Schools in Johor, Melaka, and Negeri Sembilan to close tomorrow

Malaysia

Tun Mahathir’s health improves, but not ready to leave hospital

Malaysia

LPT3 row puts Kelantan’s infrastructure priorities under scrutiny

Malaysia

Terengganu royal family member sues two banks over RM1.99m missing from savings

Malaysia

Irene Sofiya murder probe referred to Johor prosecutors for review

Malaysia

Teacher denies negligence charges over fatal school SUV crash in Kota Bharu

Malaysia

Sulaiman Md Ali opts out of Melaka polls, will not defend Lendu

You may be interested

Business

Oil prices retreat below US$104 as markets weigh Middle East risks

Business

Oil prices stay above US$93 as Middle East tensions put pressure on ringgit

Business

SC targets stronger board oversight through higher standards for company secretaries