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Unfair Trade Practices and Monopolistic Acts in Digital Platforms

The rapid growth of digital markets, especially in e-commerce and multi-sided platform business, has raised significant concerns about unfair trade practices and monopolistic acts.

On 19 August 2025, the Trade Competition Commission of Thailand released the Draft Guidelines for Considering Unfair Trade Practices and Monopolistic Acts in Multi-Sided Platform Business, Digital Services, and E-Commerce to address these issues. The Draft Guideline establishes four principles and identifies two main categories of potentially anti-competitive conduct and unfair trade practices.

The Cross Border Insolvency Bill 2025

The much-anticipated Cross-Border Insolvency Bill was officially passed by the Dewan Rakyat on 29th July 2025, marking a milestone in Malaysia’s legal and commercial development. After an engaged debate involving Members of Parliament from both sides of the political aisle, the Bill received broad support for its potential to modernise the way Malaysia handles cross-border financial disputes.

E-Commerce Accessibility and Inclusivity

As the internet becomes the backbone of global trade and daily living, accessibility in E-Commerce is increasingly recognised as a public good that underpins equitable economic participation. The COVID-19 pandemic reinforced this reality, highlighting how essential digital access is for consumers to obtain goods, services, and redress mechanisms.

“Add to Cart”: Digital Contracts in E-Commerce

The convenience of online shopping often overshadows the legal realities behind each transaction. Every online purchase, no matter how big or small, constitutes a legally binding agreement between buyer and seller. When a consumer clicks “Add to Cart” or “I Agree,” a digital contract is formed, establishing enforceable rights and obligations on both sides.

Transparency and Trust in E-Commerce

In today’s interconnected digital economy, transparency is not just compliance, it is strategy. When sellers and intermediaries uphold truthful representation, honest marketing, and clear disclosures, this leads to consumer trust, ultimately strengthening the marketplace ecosystem.

Extraterritoriality: E-Commerce Laws

Despite the rapid growth of cross-border trade, Malaysia currently lacks a legislative framework that specifically governs cross-border e-commerce transactions. This creates a regulatory blind spot, allowing foreign online marketplace operators and sellers to evade liability simply because they do not have a physical or legal presence in Malaysia. When harmful, defective, or illegal goods are sold into Malaysia, or when personal data is mishandled by foreign platforms, affected consumers often struggle to identify, locate, or take legal action against these entities due to the differing jurisdictions in which parties are located. This leaves consumers vulnerable and domestic laws unenforceable against offshore actors.

Regulating the Digital Marketplace: Law in the Age of E-Commerce

E-commerce has revolutionised the way businesses and consumers interact. However, while technology has changed the mode of doing business, the law continues to apply. The same principles that govern traditional commerce — from fair trading to product safety — extend to online transactions, though often with added complexity.

Gig Workers Bill 2025: Protection for Gig Workers in Malaysia

In our day-to-day activities, we would come across many Gig Workers on the street, along the highway, or even in our workplace. Gig Workers play a huge role in our day-to-day events, and they are also a huge contributor to the country’s economy. As such, it is fortunate for Gig Workers to finally light at the end of the tunnel whenever they think of their safety and rights.

Cross-Border Road Accident in ASEAN: The Question of Applicable Law

In mainland Southeast Asia, it is possible to move overland from the southern tip of Singapore all the way to northern Thailand, Cambodia, or Vietnam. This connectivity, however, brings in legal complexity when cross-border road accidents occur. The question of which country’s law applies, whether that of the accident location, the vehicle’s registration state, or both, remains a persistent challenge in the ASEAN region.

Sports Law Summary: Karunakaran a/l Chatu (President of Taekwondo Negeri Selangor) v Puvenenthiran a/l Gunnasekaran (President of Galaxy Taekwondo Club)

This case serves as a critical reminder that for sports bodies, strict adherence to their constitution and bylaws is paramount. It mandates the exhaustion of internal remedies like mediation before court intervention and underscores the fundamental necessity of procedural fairness in all decisions.

Unfair Trade Practices and Monopolistic Acts in Digital Platforms

The Cross Border Insolvency Bill 2025

E-Commerce Accessibility and Inclusivity

“Add to Cart”: Digital Contracts in E-Commerce

Transparency and Trust in E-Commerce

Extraterritoriality: E-Commerce Laws

Regulating the Digital Marketplace: Law in the Age of E-Commerce

Gig Workers Bill 2025: Protection for Gig Workers in Malaysia

Cross-Border Road Accident in ASEAN: The Question of Applicable Law

Sports Law Summary: Karunakaran a/l Chatu (President of Taekwondo Negeri Selangor) v Puvenenthiran a/l Gunnasekaran (President of Galaxy Taekwondo Club)

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