The Malaysia Competition Commission (MyCC) has lost its final attempt to reinstate a RM86.77 million fine imposed in 2019 on e-hailing giant Grab Holdings Inc and its subsidiaries, GrabCar Sdn Bhd and MyTeksi Sdn Bhd.
A three-member Federal Court panel chaired by Justice Abu Bakar Jais unanimously ruled that MyCC failed to meet the threshold set in Section 96 of the Courts of Judicature Act 1964 for leave to appeal against a Court of Appeal decision.
Also on the bench hearing the application were Justices Lee Swee Seng and Terrirudin Salleh.
Abu Bakar said the panel viewed what MyCC had termed a “proposed” decision as “substantive”, making it amenable to judicial review.
“It may be labelled a ‘proposed’ decision, but we accept and understand it to be a substantive decision…