Competition Appeal Tribunal Malaysia | CAT Appeal Lawyer

Home Service Competition Appeal Tribunal (CAT) Appeals

Competition Appeal Tribunal (CAT) Appeals in Malaysia — Challenging a MyCC Decision

Urgent he deadline to appeal a MyCC Final Decision to the CAT is 30 days from the date of the decision. This deadline is strictly enforced. Contact us immediately upon receiving a MyCC Final Decision.

If your business has received a Final Decision from the Malaysia Competition Commission (MyCC) imposing a financial penalty or requiring you to cease specific conduct, you have the right to appeal that decision to the Competition Appeal Tribunal (CAT) within 30 days of the decision date. The CAT is the statutory appellate body established under the Competition Commission Act 2010 to hear appeals from MyCC decisions — and it is your primary avenue for challenging findings of infringement, the quantum of penalties, or the remedies imposed.

At NZSK, our competition lawyers in Kuala Lumpur and Selangor advise on the grounds for appeal, the prospects of success, the procedural requirements, and the preparation and conduct of CAT proceedings. We also advise parties — including complainants and third parties — who wish to participate in CAT proceedings or to challenge CAT decisions on further appeal to the Court of Appeal.

Why Choose Us?

The Competition Appeal Tribunal — Jurisdiction and Composition

The Competition Appeal Tribunal (CAT) is established under the Competition Commission Act 2010 as the specialist appellate body for competition law decisions in Malaysia. The CAT consists of a chairman (who must be a person qualified to be appointed as a High Court judge) and two other members — ensuring that the appeal is heard by a body combining legal expertise with competition economics knowledge.

The CAT has jurisdiction to hear appeals from any Final Decision of MyCC, including decisions finding an infringement of the Competition Act, decisions imposing financial penalties, decisions issuing directions to cease conduct or take remedial steps, and decisions refusing to accept a voluntary undertaking or closing an investigation without finding an infringement. Third parties — including complainants whose complaints were rejected by MyCC — also have standing to bring certain appeals.

Grounds for Appeal to the CAT

An appeal to the CAT may challenge a MyCC Final Decision on any ground — including:

Errors of law — where MyCC has misapplied the provisions of the Competition Act, applied the wrong legal test, or reached a decision that is inconsistent with established legal principles
Errors of fact — where MyCC’s factual findings are not supported by the evidence, or where MyCC failed to take into account relevant evidence or gave disproportionate weight to irrelevant matters
Procedural irregularities — where the investigation process was conducted in a manner that prejudiced the enterprise — for example, by failing to provide adequate opportunity to respond to the case against it
Disproportionate penalty — where the financial penalty imposed is disproportionate to the infringement in the context of the enterprise’s conduct, cooperation, and financial capacity — even where the underlying finding of infringement is accepted
Incorrect market definition or dominance assessment — particularly in Chapter 2 cases where the finding of dominance or the definition of the relevant market is challenged

The CAT Appeal Process

An appeal is commenced by filing a Notice of Appeal with the CAT within 30 days of the date of MyCC’s Final Decision. The Notice of Appeal must set out the grounds of appeal in sufficient detail. Failure to file within the 30-day deadline will generally bar the appeal entirely — reinforcing the importance of seeking legal advice immediately upon receipt of a Final Decision.

Following the filing of the Notice of Appeal, MyCC will file its response (the Respondent’s Answer) setting out its position on each ground of appeal. The CAT may then permit the filing of further written submissions and will in most cases hold an oral hearing at which both parties present their arguments and answer questions from the Tribunal.

The CAT has wide powers on appeal — it may confirm, vary, or set aside the decision of MyCC, and may remit the matter back to MyCC for reconsideration. In relation to financial penalties, the CAT may increase, reduce, or cancel the penalty. Decisions of the CAT are subject to further appeal to the Court of Appeal and, by leave, to the Federal Court.

Recent CAT Decisions — The Enforcement Landscape

Recent CAT decisions in Malaysia demonstrate that the appellate process is both available and effective. In February 2026, the CAT dismissed appeals brought by several poultry feed companies against MyCC’s 2023 infringement decision, unanimously agreeing with MyCC’s findings regarding coordination in the poultry feed sector. This decision confirms that the CAT conducts a thorough and independent review — and that well-founded appeals can succeed, while poorly founded ones will be dismissed.

The CAT’s role in the Malaysian competition law landscape is growing in importance as MyCC enforcement becomes more active. Understanding the grounds on which CAT appeals are most likely to succeed — and the investment required to mount an effective appeal — is essential in advising on whether to appeal a MyCC decision.

Appealing a Penalty — Even If the Infringement Is Accepted

It is possible to appeal to the CAT in relation to the quantum of a financial penalty even where the underlying finding of infringement is accepted. A penalty that is disproportionate to the nature and duration of the infringement, that fails to take proper account of mitigating factors, or that was calculated on incorrect turnover figures, may be reduced on appeal. We advise on the realistic prospects of a penalty reduction appeal separately from an appeal against the infringement finding.

Frequently Asked Questions

What is the deadline to appeal a MyCC decision to the CAT?

30 days from the date of MyCC's Final Decision. This is a strict statutory deadline — missing it will generally bar the appeal entirely. If you have received a Final Decision from MyCC, contact us immediately. Even if you are not certain whether to appeal, you should seek legal advice before the deadline passes so that your right to appeal is preserved.

Can I appeal both the finding of infringement and the penalty to the CAT?

Yes. An appeal to the CAT can challenge the infringement finding, the penalty, or both. It is also possible to accept the infringement finding but appeal only against the quantum of the penalty — where the penalty is considered disproportionate to the conduct, inadequately discounted for mitigating factors, or based on incorrect figures. We advise on the most effective grounds of appeal for your specific situation.

What happens to the penalty while the CAT appeal is pending?

Filing a Notice of Appeal does not automatically suspend the obligation to pay the penalty. An application may be made to the CAT for a stay of the penalty pending the outcome of the appeal — but such applications are not automatically granted and require arguable grounds. We advise on the stay application process and on the conditions that may be imposed.

Can a third party or complainant appeal a MyCC decision?

Yes, in certain circumstances. Third parties — including complainants whose complaints were rejected or not acted upon — may have standing to bring a CAT appeal against specific categories of MyCC decision. We advise on third-party appeal standing and on the procedural requirements for third-party participation in CAT proceedings.

What happens after the CAT? Can I appeal further?

A CAT decision may be appealed to the Court of Appeal on a question of law, and — with leave — to the Federal Court. The further appeal process is more limited in scope than the CAT appeal: the Court of Appeal will generally not re-examine factual findings, focusing instead on whether the CAT applied the correct legal principles. We advise on the prospects and process for higher court appeals.

Speak to a Competition Lawyer Now!

If you have received a MyCC Final Decision and are considering an appeal to the Competition Appeal Tribunal, contact NZSK for practical and commercially focused trade mark legal advice. Contact us to arrange a consultation.