PUTRAJAYA – The Malaysia Competition Commission (MyCC) has filed an application to seek leave to appeal against a Court of Appeal ruling allowing Grab Holdings Inc and its subsidiaries to commence a judicial review to challenge the commission’s proposed RM86.77 million fine against them.
The application for leave to appeal at the Federal Court was filed on May 18 through law firm Messrs Lim Chee Wee Partnership.
On April 19, a three-man Court of Appeal bench led by judge Datuk Hanipah Farikullah granted leave to Grab Holdings, GrabCar Sdn Bhd and MyTeksi Sdn Bhd to initiate a judicial review against MyCC over its proposal to fine them for allegedly abusing their dominant position in the sector.
The appellate court directed that the case be remitted to the high court for a hearing of the merits of the judicial review.
Hanipah allowed the appeal by Grab Holdings and its two subsidiaries to set aside the high court decision that does not favour them.
In its application, MyCC is seeking leave to appeal on several questions of law that it said are of significance and public interest.
In civil cases at the Federal Court, a litigant is required to obtain leave for the merits of an appeal to be heard.
The case came up for management today via e-review before Federal Court deputy registrar Rasidah Roslee, who directed MyCC to file an affidavit-in-reply by July 8.
The next case management is fixed for September 14.
Lawyer Annabel Tan from Messrs Lim Chee Wee Partnership, appearing for MyCC, attended today’s case management, while counsel Nimraat Kaur appeared for Grab Holdings and its subsidiaries.
MyCC has accused Grab Holdings of abusing its dominant position by imposing a restrictive clause on its drivers, effectively preventing them from promoting the company’s current and potential competitors on e-hailing platforms and in transit media advertising.
Grab Holdings and its subsidiaries lost their bid to secure leave for a judicial review at the high court, which said the move is premature, given that the proposed fine is not yet final. – Bernama, June 17, 2021
