How will the Energy Commission ensure the existence of a level playing field?
Firstly, provisions which prohibit anti-competitive behaviour have been incorporated into the Gas Supply Act 1993. Under these provisions, the entering into of anti competitive agreements as well as any abuse of a dominant position in the market is strictly prohibited and any infringement of these prohibitions shall result in the infringing party incurring a substantial fine.
Next, the Energy Commission will develop and issue TPA Codes which shall contain the standard principles of access to gas facilities. The Energy Commission shall also approve the access arrangement established by a gas facility owner/operator which shall contain the terms and conditions for accessing such gas facility. Together, the Codes and access arrangements shall ensure that all players are subject to the same transparent procedures, terms and conditions for similar use of each gas facility, and are not prejudiced by the fact that they do not own nor are affiliated with such facilities.
The Energy Commission will also issue Guidelines from time to time in relation to competition to complement the Act and TPA Codes. At this moment, the Guidelines on Competition for the Malaysian Gas Market in Relation to Market Definition, Anti-Competitive Agreements and Abuse of Dominant Position are ready and shall provide further explanation on anti-competitive behavior and the relevant method(s) to determine anti-competitive behavior.