Court rejects commission's bid to reinstate RM10mil fines to AirAsia, MAS

Court of Appeal president, Justice Abang Iskandar Abang Hashim said the commission had failed to satisfy the legal requirements to warrant a review of the apex court’s previous decision denying MyCC leave to appeal.“There is no evidence to suggest that the leave application has been tainted with the denial of natural justice,” he said when delivering the unanimous decision.The court also ordered MyCC to pay both Malaysian Airline System and AirAsia RM50,000 each in costs.

The Federal Court also found that the collaboration agreement between MAS and AirAsia was entered several months before the Competition Act 2010 came into force.In any event, the apex court said MyCC had lost its locus standi to file a judicial review application after the coming into force of the Malaysian Aviation Commission Act 2015.

In 2014, MyCC found that both airlines had breached the market-sharing prohibition under Section 4 of the Act by entering into an agreement to share markets in the air transport services sector within Malaysia.

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