Federal Court Throws MyCC’s Civil Application Against AirAsia

MyCC first imposed a fine of RM10 million on AirAsia but was overturned in 2016 by the Competition Appeal Tribunal’ but the commission pursued only for the Federal court to dismiss the application made by MyCC (Malaysia Competition Commission) for leave to appeal against the Court of Appeal’s decision.

However, MyCC applied to the Federal Court to review its decision dated in February 2022. The decision was announced by the Federal Court on 1 November 2023 in dismissing MyCC’s application of review vide Civil Application to review the Federal Court decision dated February 2022. The Federal Court concluded that MyCC had failed to meet the threshold to review under rule 137 of the Federal Court Rules 1995 and unanimously dismissed the Review Application with cost for the amount of RM 50,000.00 being awarded to AirAsia Berhad.

With the dismissal of the application, MyCC’s decision which carried a RM10 million fine against AirAsia Berhad remains overturned.

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