Shanthi Kandiah and a pair of associates make up the competition team at SK CHAMBERS. The firm is acting for the General Insurance Association of Malaysia in the MyCC’s landmark insurance cartel case. The CAT annulled the fines issued to the association and 22 insurers in September 2022, but the agency is now seeking a judicial review of that ruling. Nearly all of the firm’s other work is confidential.
|Head(s) of competition
|No. WWL nominees
|1 partner, 3 associates
|General Insurance Association of Malaysia, Astro Malaysia Holdings Berhad & CTOS Sdn Bhd
SK Chambers is a boutique law firm based in Kuala Lumpur which serves Malaysian, regional and global corporations, and regulators. The firm provides advice and counsel in new, evolving, and complex areas of law and regulation: competition law, data protection and cybersecurity, and regulations surrounding blockchain technologies. The goal is to provide specialized knowledge that assists clients in creating and establishing sound policies and practices. With these in hand, organizations can embrace and manage the paradigm shift brought on by the influx of new opportunities and complex regulations that affect them. It sees itself as an extension of their clients’ in-house teams.
SK Chambers’ focus on competition law has allowed it to develop expertise in highly regulated sectors where regulations define competition. The firm provides advice and service in the full scope of competition law – general, aviation, communications and multimedia sectors. The firm’s expertise includes providing expert advice and representation in relation to all types of antitrust investigations, licensing, access regulation, pricing and consumer protection. SK Chambers’ assignments in sectors such as insurance, pharmaceutical, communications and aviation have allowed them to consistently engage with regulators about developments in the sector. This knowledge enables them to develop clear strategies involving collaborations, transactions, regulatory compliance, pricing and non-pricing issues, potential rule changes and more.
- Advising a platform operator on abuse of dominance
- Acting as counsel in a multiparty defence of an insurance association involving the largest proposed fines to date in Malaysia
- Advised on viability of a predatory pricing claim in the building materials sector
- Advised on legality of a monopoly position held by a GLC involving issues of anticompetitive bundling and refusal to supply
- Advised a telecommunications player on right of access vis-à-vis infrastructure provider in the broadband sector
- Advised on anti-trust matters for corporate acquisition, including clearance submission under merger regime pursuant to the Communications and Multimedia Act 1998 (likely the first acquisition clearance in Malaysia)
- Advised and drafted responses to public consultation papers by the regulatory authority on proposed changes to the Access List and Access Standards regime as it relates to the high-speed broadband industry. Significant changes in policy and regulatory approach followed when the final regulations were released
- Conducted compliance audit for the leading credit bureau in the country
- Advised on cohesive risk-based compliance strategy for fleet of portfolio companies
- Provided antitrust advice on joint venture with industry operator and preparation of submission to antitrust authorities
- Advised and made successful representations to the regulatory authority to prevent imposition of onerous regulations impacting their competitiveness
- Advised on law reform submissions on parity in treatment between licensed and OTT players, online piracy, censorship, etc.
- Advised on scope of censorship/content regulation laws in Malaysia
- Acted as local counsel for joint venture merger in the oil and gas sectors impacting the Malaysian antitrust regime
- Acted as local counsel on antitrust submission in connection with a full function joint venture invoking the jurisdiction of the then newly-in-force merger regime. Reviewed anti-trust policy and the e-learning presentation for purposes of adapting it to a Malaysian standard as part of a wider global compliance strategy on behalf of Hong Kong-based company for a multinational pharmaceutical company
Data Protection & Cybersecurity
SK Chambers intricately understands the data protection requirements under Malaysian law and the extra-territorial implications of international data protection laws. The firm offers full legal services to companies processing data or transferring data into and out of Malaysia.
Services offered include:
- Investigations management when faced with regulatory action for data security breaches
- Advice on civil proceedings in relation to data theft
- Crisis management when a data breach occurs
- Compliance strategies that prevent and limit risk
- Risk management via contracts with customers and suppliers
- Data protection and cyber risk due diligence in relation to acquisitions, dispositions, and third-party agreements
- Advice regarding risk analysis of data transfers abroad - Transfer Impact Assessment