Mergers and acquisitions can change the competitive landscape of an aviation service market. For this purpose, the following are considered as a ‘merger’ :

• two or more previously-independent enterprises merge into one;
• one or more individuals or enterprises acquire control of another enterprise;
• an enterprise acquires assets of another enterprise which results in the former enterprise replacing the latter in the business; or
• a joint venture created to perform, on a lasting basis, all the functions of an autonomous economic entity.

CAAM prohibits any merger which will substantially lessen competition in any aviation service market.

For more information, please refer to the CAEG 204 – Substantive Assessment of Mergers and the CAEG 205 – Notification and Application Procedure for an Anticipated Merger or a Merger.

If your enterprise is involved in a merger or an upcoming merger, you may voluntarily notify CAAM of such merger to find out if it infringes the prohibition on mergers. Any notification and application for an anticipated merger or a merger shall be made in the form and manner prescribed in the CAAM/CPD/CEC/03 – Notification for An Anticipated Merger or A Merger Application Form.

Any enquiry regarding anticipated mergers or mergers should be directed to competition@caam.gov.my.