PUTRAJAYA (February 9): The Federal Court on Wednesday (February 9) granted the Malaysian Competition Commission (MyCC) an interim stay of a judicial review hearing requested by Grab Holdings Inc, along with GrabCar Sdn Bhd and MyTeksi Sdn Bhd, which was scheduled to start at the High Court next Monday (February 14).
A three-member bench headed by President of the Court of Appeal Tan Sri Rohana Yusuf authorized the interim stay requested by MyCC lead counsel, Datuk Seri Gopal Sri Ram, who appeared with Datuk Lim Chee Wee, Kwan Will Sen, Austen Emmanuel Pereira, Annabel Tan and Muayyad. Khairulmaini.
Judge Rohana granted the stay on the grounds that MyCC is seeking to give reasons for the Court of Appeals decision last April allowing Grab and his two units to have the merits of the judicial review heard.
“We will adjourn the matter and grant an order for an interim stay of the judicial review hearing pending the decision on MyCC’s leave application. The court orders that a three-month mention date be given,” she said.
Judge Rohana also ordered Federal Court clerks to check with the Court of Appeal for reasons. Seated with Judge Rohana were Federal Court Judges Datuk Abdul Rahman Sebli and Datuk Mary Lim Thiam Suan.
Sri Ram had requested a stay of the judicial review hearing as the reasons for the decision of the Court of Appeal were still not available for the formulation of questions of law before the Supreme Court.
“You can’t compartmentalize if the leave has to be granted in the first place. It is necessary for MyCC to obtain the reasons for the problem. We would be grateful if a temporary stay [of the High Court] the hearing is granted pending determination of MyCC’s application for leave to appeal.
“Otherwise, MyCC’s request for authorization would be rendered academic,” the former federal court judge said.
Datuk Malik Imtiaz Sarwar, the lead attorney for Grab and subsidiaries, had opposed the interim stay request and wanted the Supreme Court to hear the legal issues.
“I don’t think you need the reasons of the Court of Appeal [decision] because it is a threshold problem,” he argued.
Earlier, on January 17, High Court Judge Datuk Wan Ahmad Farid Wan Salleh denied MyCC’s stay request and ordered the hearing to continue on February 14.
MyCC had wanted to impose a proposed fine of RM86.77 million on Grab and its two units as it said they had abused their dominant position by imposing a covenant on Grab’s drivers which effectively prevented them from promote the company’s current and potential competitors. on email platforms and in transit media advertising.
On April 19, 2021, a three-member appellate bench headed by Judge Datuk Hanipah Farikullah granted Grab permission to hear the merits of the judicial review.
“This is not a frivolous and vexatious claim by the appellants. The judgment of the High Court is set aside,” she said in the unanimous decision.
Grab Holdings and the two subsidiaries applied for judicial review in the High Court in February 2020, following MyCC’s proposed fine.
However, the application was initially dismissed as the High Court deemed the decision premature, given that the proposed decision was not yet final.
Following the Court of Appeal’s decision last April, MyCC filed an application for leave to appeal to the Federal Court.
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