Whistleblower Protection and Rewards to Enhance Competition Act

Kuala lumpur: The provision of protection and rewards for whistleblowers is among the proposed new provisions under the Competition Act 2010 (Act 712), which is in the final stage of amendments, said Domestic Trade and Cost of Living Minister Armizan Mohd Ali. He noted that the Cabinet has given policy approval for these amendments, with the draft bill (Blue Bill) currently undergoing its final refinements before being resubmitted to the Cabinet.

According to BERNAMA News Agency, the Blue Bill has received clearance from the Attorney General's Chambers and is expected to be tabled in the Cabinet towards the end of Ramadan before being presented at the next Parliament sitting. Minister Armizan stated that the bill could be brought to the Cabinet either as soon as possible or towards the end of Ramadan, but for tabling in Parliament, it appears it will be at the next sitting, as the Dewan Rakyat session ends next Tuesday.

The announcement was made during a press conference following the signing ceremony of a Letter of Understanding (LoU) between the Ministry of Youth and Sports (KBS) and the Malaysia Competition Commission (MyCC). Also present was Youth and Sports Minister Dr. Mohammed Taufiq Johari. Armizan outlined that the amendments consist of 14 proposed new provisions and improvements aimed at strengthening the legal framework regarding competition, empowering MyCC in combating cartel practices, and reinforcing a fair and competitive market ecosystem.

Currently, Act 712 lacks specific provisions for whistleblower protection, while the Whistleblower Protection Act 2010 (Act 711) does not apply to enforcement by MyCC due to its civil nature. The proposed amendments would grant direct authority to MyCC to protect whistleblowers, ensuring confidentiality of their identities and any related information in various proceedings.

The proposal also includes rewards, enabling MyCC to offer incentives to individuals providing information or assistance leading to the discovery of violations or convictions under Act 712. This initiative is expected to foster proactive cooperation from the public and industry players, particularly in uncovering complex bid-rigging cartels and monopolistic practices.

On the LoU, Armizan emphasized that the strategic collaboration reflects a whole-of-government approach to enhance efforts against cartel practices or bid-rigging in public procurement processes. The agreement between KBS and MyCC marks the sixth LoU signed, with previous agreements involving several key ministries and departments.

The LoU sets the framework for cooperation in three main areas: preparation of preliminary assessment reports on bid-rigging in procurement, periodic training for procurement officers, and advisory services on competition-related issues. It was signed by KBS secretary-general Datuk Dr. Nagulendran Kangayatkarasu and MyCC chairman Tan Sri Idrus Harun.

Meanwhile, Minister Mohammed Taufiq highlighted the significance of the LoU for KBS, which handles a large procurement scale involving numerous tenders and quotations. The move is intended to ensure processes are transparent and conducted with integrity, preventing leakages and promoting the development of youth and national sports.