KUALA LUMPUR (Jan 17): The Malaysian Competitions Commission (MyCC) had on Monday (Jan 17) failed to obtain a stay over a judicial review hearing application by Grab Holdings Inc and two others over its proposed fine of RM86.77 million on them.
This comes after MyCC had accused Grab Holdings, along with its subsidiaries GrabCar Sdn Bhd and MyTeksi Sdn Bhd of abusing their dominant position by imposing a restrictive clause on Grab's drivers, which effectively prevented them from promoting the company's current and potential competitors on e-hailing platforms and in transit media advertising.
MyCC had wanted a stay of proceedings as it is appealing to the Federal Court over the Court of Appeal's (COA) decision on April 19 last year to allow leave (permission) for the three companies’ legal challenge to be heard on its full merits.
It was learned on Monday that Justice Datuk Wan Ahmad Farid Wan Salleh had ruled there are no special circumstances for the High Court to grant a stay of proceedings pending the matter at the apex court.
This was despite MyCC having filed an application for leave to appeal to the Federal Court — the High Court ruled that the action was not in itself sufficient.
Furthermore, Justice Wan Ahmad Farid also ruled that the more desirable forum to apply the stay would have been the COA itself since the decision to grant leave for judicial review arose from there.
The outcome of Monday's decision was confirmed to theedgemarkets.com by Datuk Lim Chee Wee who appeared for MyCC.
As such, Justice Wan Ahmad Farid has fixed Feb 14 to hear Grab Holdings' judicial review application.
Earlier this month, the High Court had heard submissions for a stay of proceedings and hearing.
On April 19, 2021, a three-member bench led by Justice Datuk Hanipah Farikullah allowed leave for Grab Holdings to have the merits of the judicial review be heard.
"This is not a frivolous and vexatious application by the appellants. The High Court judgement is set aside,” she said in the unanimous decision.
Grab Holdings and its two subsidiaries sought the judicial review in the High Court in February 2020, following MyCC’s proposed fine.
However, the application was initially dismissed as the High Court deemed the move premature, given that the proposed decision was not yet final.
Following the appellate court decision last April, MyCC has filed an application for leave to appeal to the Federal Court.