JUDGMENT

Lee Swee Seng JCA:

[1] These two appeals by the Malaysian Airline System Berhad ("MAS") and AirAsia Berhad ("AirAsia") raise an interesting issue on whether the Competition Commission of Malaysia ("MyCC") still has the locus to pursue its application for Judicial Review after the Malaysian Aviation Commission Act 2015 ("MAVCOM Act") has come into force and has taken over the regulating of economic matters relating to the civil aviation industry including competition issues.

[2] Related to that is the locus of the MyCC to apply for Judicial Review of a decision from its own appellate body, that of the Competition Appeal Tribunal ("CAT") .

[3] Substantively this appeal shall also deal with the meaning of an agreement which has the object of market sharing and the application of the deeming provision that such an agreement has an anti-competitive object under s 4 of the Competition Act 2010 [Act 712] ("the Act") and if so whether the relief from liability under the Net Economic Benefit Exemptions under s 5 of the Act would apply to the facts.

Collaboration Agreement

[4] A Collaboration Agreement ("Agreement") between MAS and AirAsia as well as AirAsia X Sdn Bhd ("AirAsia