Malayan Law Journal, 2012
19 Pages Posted: 27 Jan 2013
Date Written: March 1, 2012
Solicitors in West Malaysia shall apply scale rates prescribed in the Solicitors’ Remuneration Order 2005 (“SRO”) on legal services involving non-contentious matters. Against this backdrop is the recently enacted Competition Act 2010. In the absence of an explicit exemption by the Competition Act, any price-fixing among similar businesses, including professional services, is an infringement of competition law, with punishment including a financial penalty.
This paper intends to examine whether or how the SRO infringes the letter and spirit of the Competition Act. We will compare with some other jurisdictions and also explore the economic effects of regulated prices in the market for legal services, and suggest corrective measures to ensure that consumers will benefit from high quality legal services when legal fees are deregulated.
Keywords: Competition law, Malaysia, Solicitors' remuneration
JEL Classification: K21
Suggested Citation: Suggested Citation
Tay, Eng Siang and Kit Min, Gary Ng and Kuek, Chee Ying and Khong, Dennis W. K., Competition Law Perspectives on the Solicitors' Remuneration in West Malaysia (March 1, 2012). Malayan Law Journal, 2012. Available at SSRN: https://ssrn.com/abstract=2207394