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The Malaysia Competition Commission (“MyCC”) has initiated the process of amending the Competition Act 2010 (“Act”) to introduce merger control regulations and the Ministry of Domestic Trade and Consumer Affairs is planning to table the legislative amendments to the Act by the end of 2021. Once in force, mergers and acquisitions which exceed certain thresholds will need to be reviewed and approved by the MyCC.  This will greatly impact the timing, feasibility and structure of transactions in Malaysia.

With the accelerated number of M&A deals currently being made and projected to continue, digital transformation is driving an increase in interest in AI targets for acquisition. In this episode of Eye on AI, Lisa Fontenot and Teisha Johnson join moderator Bradford Newman to discuss key issues and value drivers to consider in AI transactions, as well as considerations with regard to antitrust or foreign investment approvals that may be needed when making an AI related investments.

Regulators continue to review economic concentration notifications
Vietnam issues draft Decree on the management of costs incurred in competition procedures

In Q1 2021, the Ministry of Industry and Trade (MOIT) cleared 11 economic concentration notifications, most of which were acquisitions. The Ministry of Finance issues a draft Decree regulating the management, use and settlement of expenses relating to several competition proceedings.