Lawyer Lim Chee Wee, who is appearing for MyCC, said the legal challenge by Grab Inc, Grabcar Sdn Bhd and Myteksi Sdn Bhd was premature.

Lim, a former Malaysian Bar president, said a hearing had been set for March 9 before High Court judge Nordin Hassan.

He said the government, which was represented by an officer from the Attorney-General’s Chambers (AGC), would be opposing the application.

FMT understands federal counsel M Kogilambigai had requested for another date as they were served the legal papers at short notice.

In the leave application, the court will hear the applicant and the AGC, which will appear for the government, on grounds of public interest.

On Sept 23 last year, MyCC proposed the fine against Grab for allegedly violating the Competition Act 2010 through its alleged imposition of restrictive clauses on its drivers.

In court papers sighted by FMT, MyCC said Grab was given an opportunity to make a representation on the proposal.

Grab, on Nov 27, had indicated it would make an oral representation but three days later put in its written submission.

MyCC said it had not made a finding on the alleged infringement under Section 40 of the Act or non-infringement under Section 39.

It said the judicial review was premature as it had not made a final decision and Grab had not exhausted the internal appeal process under the law.

MyCC said any party not satisfied with its decision could then file an appeal to the Competition Appeal Tribunal.

“By filing the judicial review, Grab failed to make a full and frank disclosure of facts and created a situation where there would be bifurcation of proceedings,” it said, adding that the application ought to be dismissed.

Last October, MyCC announced its proposal as it claimed that the ride-hailing company had abused its dominant position by imposing restrictive clauses on its drivers relating to third-party advertising.

However, Grab, in the review application, is seeking, among others, an order of certiorari to quash MyCC’s proposal as it was not supposed to make it public by way of a press conference and upload such information on its website.

It further said MyCC’s investigation was also in breach of natural justice and was seriously flawed due to procedural impropriety.