Competition law: increased scrutiny on dominant enterprises

The last few years have seen an increase in the level of enforcement by the Competition Commission (MyCC), and this trend is set to continue. It is important for both local and foreign enterprises to be aware of the implications of the MyCC's increased level of activity. Read more

Green Sukuk – current issues and the way forward

With increasing awareness and concern about climate change and socially responsible financing, there is a continuing trend in the Islamic financing market for the issuances of green sukuk. Closely resembling green bonds, the emergence of the green sukuk is a natural evolution in Islamic financing. Read more

Cross-sector merger control in Malaysia: getting closer

Like most competition law regimes around the world, Malaysia’s Competition Act 2010 contains provisions prohibiting anti-competitive practices and abuses of dominance. However, it does not currently include the third “pillar” of competition law that is common to many other regimes, namely, cross sector merger control rules. Read more

Disguised distributions – a trap for the unwary

It is a cardinal principle of company law that a company can only make distributions out of its profits. While there is a common assumption that this rule applies only to distributions made in the form of cash dividends or distributions in specie of non-cash assets, a recent English High Court decision shows that the scope of the word “distributions” must be viewed through a much broader lens. Read more

Herbert Smith Freehills advises Malaysia’s EPF on launch of world’s first and largest Shariah private equity SMA fund

Malaysia's EPF is the first institutional investor globally to establish a Shariah-compliant fund with the launch of its Shariah Private Equity Direct/Co-Investment Separate Managed Account fund which has an allocation of US$600 million. Our HSF team assisted in the launch of this world-first fund which will comprise of three SMAs with a global mandate focusing on direct and co-investment strategies into growth and buyout transactions. Read more