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2025 MarsdenLR 4634

HIGH COURT MALAYA SHAH ALAM
SAL AGENCIES SDN BHD & ORS – Appellant
Versus
TRIBUNAL RAYUAN PERSAINGAN & ANOR – Respondent


Petitioner Advocates:Mirdhulekha Muralidharan,Eirena Hoon ,Respondent Advocate: Muayyed Khairulmaimi,Kwan Will Sen

JUDGMENT

Jamhirah Ali J:

Introduction

[1] This is the Applicants' application for Judicial Review seeking an order of certiorari to quash the decision of the Competition Appeal Tribunal (CAT) dated 24 February 2023 and the Final Decision issued by MyCC dated 26 July 2021.

[2] Upon perusal of the cause papers and careful consideration of the parties' written and oral submissions, I dismissed the Applicants' application. These are the reasons for my decision.

Background Facts

[3] In June 2017, the Malaysian Competition Commission (MyCC) received a complaint that a group of warehouse operators at Port Klang, namely SAL Agencies Sdn Bhd (SAL), WCS Warehousing Sdn Bhd (WCS), Regional Synergy Sdn Bhd (Regional Synergy), Intrexim Sdn Bhd (Intrexim), Pioneerpac Sdn Bhd (Pioneerpac), Prima Warehousing Sdn Bhd (Prima), and Interocean Warehousing Sdn Bhd (Interocean) (collectively referred to as "the Warehouses"), had signed a "Heavy Lift Surcharge Acknowledgement Memorandum" dated 22 May 2017 (Surcharge Memorandum).

[4] The Surcharge Memorandum allegedly fixed new surcharges for handling long-length and heavy-lift import and export cargoes at Northport and Westport.

[5] Believing there were reasonab


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