MEGA SQUARE SDN BHD

COMPETITION AND ANTI-TRUST POLICY

Document No. : MSSB-012

Rev.00

MSSB Competition and Anti-Trust Policy

Objective

Mega Square Sdn Bhd (“MSSB”) is committed to conducting its business in compliance with
competition and antitrust laws (in particular, Competition Act 2010 and Competition Commission Act
2010), trade regulations, and restrictions of recognized national (Malaysian Competition Commission
“MyCC”) and international authorities. This policy outlines our commitment to understanding,
adhering to, and monitoring compliance with these laws and regulations.

Collusion

We must not collude with our competitors (horizontal agreement) (directly or indirectly via any third
party) to:



fix prices or any element or aspect of pricing (including rebates, discounts, surcharges,
pricing methods, payment terms, the timing, level or percentage of price changes, or terms
of employment)



fix other terms and conditions



divide up or allocate markets, customers or territories



limit or prevent production, supply or capacity



influence the outcome of a competitive bid process



exchange commercially sensitive information or otherwise restrict competition

Meeting with competitors and competitor information

Any meeting or direct or indirect contact with competing manufacturers should be treated with
extreme caution. We must keep careful records of them, and break off if they are, or they may be
seen as, anticompetitive.

The same approach should be taken with other companies if the contact relates to competition
between them and us. Not all arrangements with competitors are problematic. Legitimate contact
can be in the context of trade associations, certain limited information exchange and joint initiatives
on regulatory engagement or public advocacy - as long as it does not restrict competition or involves
risks being viewed as collusive.

We may only gather information about our competitors by legitimate legal means, and in compliance
with competition law.

MEGA SQUARE SDN BHD

COMPETITION AND ANTI-TRUST POLICY

Document No. : MSSB-012

Rev.00

Abuse of Dominant position

Generally, principles related to abuse of dominant position do not apply to MSSB as we are not in a
dominant position. “Dominant position” refers to one or more enterprises possessing such significant
power in a market that they are able to adjust prices, outputs, or trading terms without effective
constraint from competitors or potential competitors or a market share of above 60%, as guided by
MyCC.

However, MyCC has provided a list of non-exhaustive factors which may be deemed as an abuse of a
dominant position and where applicable, MSSB is committed not to perform any of the following
activities:



directly or indirectly imposing an unfair purchase or selling price or other unfair trading
conditions;



limiting or controlling (i) production; (ii) market outlets; (iii) market access; (iv) technical or
technological development; or (v) investment, to the detriment of consumers;



refusing to supply to a particular enterprise or group/category of enterprises;



applying different trading conditions to equivalent transactions to an extent that may harm
competition;



making the conclusion of a contract subject to acceptance by the other parties of
supplementary conditions which, by their nature or according to commercial usage, have no
connection with the subject matter of the contract;



any predatory behavior toward competitors; or



buying up a scarce supply of intermediate goods or resources required by a competitor.

Training and Monitoring

Training shall be provided to the relevant teams or personnel within MSSB, e.g, the Marketing and
Purchasing department or any other personnels dealing with competitors or suppliers.

If  any  suspicious  activity  is  identified,  please  raise  a  concern  to  the  General  Manager  or  through
concerns@megasquare.com.my  or  through  the  reporting  channel  of  ‘Let’s  talk’  available  at
http://megasquare.com.my/publications/