DAGANG NET TECHNOLOGIES SDN BHD v 1. ) TRIBUNAL RAYUAN PERSAINGAN 2. ) SURUHANJAYA PERSAINGAN

wa-25-109-03-2024 High Court (Mahkamah Tinggi) 4 December 2025 • WA-25-109-03/2024 • 39 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Judicial review against decision of Competition Appeal Tribunal (“CAT”) confirming decision of MyCC-Applicant found to have abused dominant position-Applicant sole service provider of the National Single Window (“NSW”) system which connects to the system operated by Royal Malaysian Customs-Applicant’s NSW provides services necessary for trade facilitation-to provide these services, it entered into agreements with its business partners who are software providers to facilitate the submission of documents by end users-Applicant was subsequently appointed one of the two Service Providers of uCustoms system to be launched-subsequent to the announcement of the launch, Applicant imposed exclusivity clauses in the agreements with its software providers-complaint lodged to MyCC-upon investigation and consideration of representations made by the Applicant, MyCC found Applicant had abused its dominant position-seeks review of CAT decision on various grounds-whether a monopoly like Applicant falls within the purview of the act-whether there is cogent evidence of anti-competitive effect-whether definition of relevant market for assessment correctly arrived at-whether decisions of local authorities ought to prevail over EU authorities-whether CAT wrong to find that removal of exclusivity clause subsequently showed it was not necessary-whether due consideration given to the Applicant’s reasons for the exclusivity clause

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (6)

Cheang & Ariff Firm Lim Chee Wee Partnership Firm Brian Foong Mun Loong Counsel Applicant Chiang Jia Yin Counsel Respondent Kwan Will Sen Counsel Respondent Muhammad Hiqman Danial Counsel Applicant

Parties (3)

DAGANG NET TECHNOLOGIES Sdn Bhd Applicant SURUHANJAYA PERSAINGAN Respondent Tribunal Rayuan Persaingan Respondent

Statutes Cited

Civil Law Act 1956

s 3

Competition Act 2010 (Cap 712)

Cases Cited (6)

MY (6)

[1997] 1 MLJ 145 [2001] 2 MLJ 417 [2009] 2 MLJ 36 [2018] 3 MLJ 256 [2020] 3 CLJ 36 [2022] MLJU 1198

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-25-109-03-2024)