KUALA LUMPUR: The Malaysia Competition Commission (MyCC) is working to amend the Competition Act 2010 (Act 712) to reward those who report bid-rigging.

MyCC chief executive officer Iskandar Ismail declined to specify the reward but said the initiative would encourage the public and businesses to inform on the practice.

The proposed amendments, he said, were with the Attorney-General's Chambers and could be tabled by Domestic Trade and Cost of Living Minister Datuk Armizan Mohd Ali in the next Dewan Rakyat sitting.

"We will amend our laws to reward informants and whistleblowers. It can encourage people to come forward.

"There were even government officers who wanted to report (bid-rigging) issues, but were not allowed or blocked (by their superiors)," Iskandar said.

It is learnt that while the Whistleblowers Protection Act 2010 shields witnesses in criminal and disciplinary cases, no protections are specified for informants of bid-rigging.

Bid-rigging is when two or more bidders in a tender collude to decide on the winner. Such an agreement may prevent or restrict competition in the tendering activity.

The Competition Act 2010 prohibits anti-competitive agreements and the abuse of a dominant position in the market, and it has been enforced since January 2012.

Iskandar said since the law's gazettement in 2012, MyCC had received numerous complaints from the public over bid-rigging practices, particularly for projects by ministries and government agencies.

He said complainants included retired civil servants.

He said the agency had also received the go-ahead from the Finance Ministry to blacklist those involved in bid-rigging, besides making it compulsory for bidders to sign an integrity pact before entering a government procurement contract.

He said heavier penalties await those who violated the rules after signing the pact.

"If they get involved in bid-rigging after signing the integrity pact, it could be used as evidence and would help us to investigate more effectively," Iskandar said.

He also supported the bid to introduce the Government Procurement Act, saying it would complement MyCC's efforts to combat bid-rigging and maintain procurement integrity.

In March, Deputy Domestic Trade and Cost of Living Minister Fuziah Salleh told the Dewan Rakyat that MyCC was expected to table amendments to the Competition Act 2010 and the Competition Commission Act 2010.

In October last year, then deputy finance minister Datuk Seri Ahmad Maslan announced the government's plan to table the Government Procurement Act (GPA) in the second quarter of this year, which would address abuses public-sector procurement tenders.

https://www.nst.com.my/news/nation/2024/09/1109348/plan-reward-bid-rigging-informants