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23 February 2024

Our Dispute Resolution Partner, Kuhendran Thanapalasingam and Communications & Multimedia Partner Darren Kor together with 
Legal Associates, Daniel Lau and Clement Ling, recently played an instrumental role in defending our client, TM Technology Services Sdn Bhd (TM), as one of the respondents in an appeal before the Communications and Multimedia Appeal Tribunal (CMAT) brought by YTL Communications Sdn Bhd (YTLC).

The appeal brought by YTLC to the CMAT concerned a review of a decision of the Malaysian Communications and Multimedia Commission (MCMC) made on 5 December 2019 with respect to an access dispute (“Access Dispute”) between YTLC and TM, which was decided in TM’s favour. The decision of MCMC is published on MCMC’s website which can be accessed here.  The Access Dispute related to various services namely, End-to-End Transmission Service, Trunk Transmission Service, Wholesale Local Lease Circuit Service, Interconnect Link Service and Duct and Manhole Access and the primary issue of whether customised transmission services offered by TM to YTLCS under a long term commercial agreement are subject to mandated maximum pricing.
 
Appeal before CMAT
We had successfully represented and defended our client, as one of the respondents, in the appeal before the CMAT. MCMC was the other respondent to the said appeal.
 
The oral decision of the CMAT was delivered on 31 January 2024 wherein the CMAT found that MCMC had considered all the issues when making its decision. MCMC’s decision was properly based and the reasons provided by MCMC were consistent with its decision. In that respect, CMAT did not wish to interfere with the decision of MCMC and accepted the same as well as TM’s arguments as set out in the submissions.
 
The written decision of the CMAT will be issued in due course.


For more insight into this area of law, please contact our Partners in:-

Construction Dispute Resolution Practice Group:

Kuhendran Thanapalasingam
Susan Tan Shu Shuen


Communications & Multimedia Practice Group:
Darren Kor Yit Meng
Farah Mohamed Said

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