MyCC gets stay to halt Grab’s challenge over proposed RM86.8mil fine

PUTRAJAYA: The Federal Court has granted a stay to the Malaysia Competition Commission (MyCC) to halt the hearing on a challenge filed by Grab Holdings Inc against a proposed RM86.8 million fine for allegedly abusing its dominant position.

Court of Appeal president Rohana Yusuf granted MyCC the stay after submission by its lawyer, Gopal Sri Ram, today.

Lawyers for MyCC had previously said the legal challenge by Grab Inc and its subsidiaries Grabcar Sdn Bhd and Myteksi Sdn Bhd was premature.

“We will adjourn this hearing, pending the Court of Appeal’s written grounds,” Rohana said. The other judges who sat with her were Abdul Rahman Sebli and Mary Lim.

Sri Ram said the High Court had been scheduled to hear Grab’s judicial review on Feb 14. The court had earlier turned down MyCC’s bid to halt the hearing pending this appeal.

The case was brought to the Court of Appeal, which allowed Grab’s bid to commence judicial review to question the proposed multimillion ringgit fine. MyCC then appealed against the appeals court’s decision.

Sri Ram said Grab’s counsel, Malik Imtiaz Sarwar, had insisted for the hearing to proceed. However, he said MyCC wanted to know how the appeals court had decided to grant leave for Grab to commence judicial review.

Malik had told the court that Grab was objecting to MyCC’s bid to halt the High Court hearing, adding that the case had been pending before the courts since 2019.

MyCC had in October 2019 proposed to fine Grab RM86.8 million for breaching anti-monopoly laws following its merger with Uber in 2018.

After the merger, Grab became the dominant player in the local e-hailing industry.

The commission said Grab also had a restrictive clause that prevented their drivers from promoting other e-hailing companies in their cars.

Grab subsequently commenced a legal challenge against MyCC over the proposed fine. — Free Malaysia Today