KUALA LUMPUR (June 16): The Malaysia Competition Commission (MyCC) has issued a proposed decision against six enterprises for their alleged involvement in a bid-rigging cartel of one food supply tender issued by the National Anti-Drugs Agency.

"These enterprises are provisionally found to have infringed Section 4(1) read with Sections 4(2)(d) and 4(3) of the Competition Act 2010 [Act 712]," according to MyCC chairman Tan Sri Idrus Harun in a statement on Tuesday.

MyCC, an agency under the Ministry of Domestic Trade and Cost of Living, said the affected tender involved procurement valued at RM5.7 million. 

"Through MyCC’s investigations, it was found that the enterprises had engaged in a bid-rigging cartel through the exchange of information and facilitation of tender. MyCC finds that such agreement had the object of significantly preventing, restricting or distorting competition in the provision to supply raw, fresh and dry food," Idrus said.

MyCC said the proposed decision is a provisional finding and it should not be taken that these enterprises have conclusively infringed the Act 712. 

The enterprises named in the proposed decision were notified of the proposed penalties and directions on Tuesday, said the agency.

"They are given the opportunity to submit their written representations within 30 days upon receiving the proposed decision as well as present their oral representations before the commission on a date to be determined later," the statement read.

MyCC said it will only issue its final decision after considering the representations made by these enterprises together with the evidence obtained during the investigation.