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Competition Law Perspectives on the Solicitors' Remuneration in West Malaysia

Malayan Law Journal, 2012

19 Pages Posted: 27 Jan 2013  

Eng Siang Tay

Multimedia University - Faculty of Law

Gary Ng Kit Min

Multimedia University - Faculty of Law

Chee Ying Kuek

Multimedia University - Faculty of Law

Dennis W. K. Khong

Multimedia University - Faculty of Law

Date Written: March 1, 2012

Abstract

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

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

Eng Siang Tay

Multimedia University - Faculty of Law ( email )

Jalan Ayer Keroh Lama
Bukit Beruang
Melaka, 75450
Malaysia
+6062523057 (Phone)
+6062523082 (Fax)

HOME PAGE: http://www.mmu.edu.my

Gary Ng Kit Min

Multimedia University - Faculty of Law ( email )

Jalan Ayer Keroh Lama
Bukit Beruang
Melaka, 75450
Malaysia

Chee Ying Kuek

Multimedia University - Faculty of Law ( email )

Jalan Ayer Keroh Lama
Bukit Beruang
Melaka, 75450
Malaysia

Dennis Wye Keen Khong (Contact Author)

Multimedia University - Faculty of Law ( email )

Jalan Ayer Keroh Lama
Bukit Beruang
Melaka, 75450
Malaysia

HOME PAGE: http://goo.gl/bjjbK

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