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The Malaysian Aviation Commission Act 2015 came into force on 1 March 2016 and introduced the first ever sectoral merger control regime in Malaysia which applies to the aviation service market.

Under the Malaysian Aviation Commission Act 2015 (Act), mergers that result, or may be expected to result, in a substantial lessening of competition (SLC) in any aviation service market are prohibited.

On 20 April 2018, the Malaysian Aviation Commission (MAVCOM) issued: (i) the Guidelines on the Substantive Assessment of Mergers (Substantive Assessment Guidelines); and (ii) Guidelines on Notification and Application Procedure for an Anticipated Merger or a Merger (Procedural Guidelines)(collectively Guidelines). The Guidelines provide long-awaited guidance on the substantive and procedural issues surrounding the voluntary merger control regime.

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