Founded by renowned competition lawyer Nicole Leong, Wen & Co offers clients a bespoke legal service tailored to the evolving competition landscape in Malaysia. With a focused boutique model, the firm aims to deliver the incisive expertise and agility of a small team alongside the heavyweight experience of elite law firms. Clients benefit from Nicole’s substantial track record advising on precedent-setting competition matters during her time as partner at Tay & Partners, while Wen & Co’s lean structure ensures clients receive personal attention and the bespoke service from a close-knit group of specialists. The firm aims to provide solutions that specifically address the requirements of clients facing a changing competition landscape and tightening regulatory compliance.
Work highlights
Representing low-cost carrier AirAsia in an appeal against the Malaysia Competition Commission (MyCC). After failing to successfully appeal earlier setbacks in lower courts, MyCC sought leave to appeal the Court of Appeal’s decision in the client’s favour to the Federal Court, but leave was refused. Ten months after the Federal Court dismissed MyCC’s application, MyCC filed an application of review pursuant to rule 137 of the Rules of Federal Court 1995 before the Federal Court. That latest application is now pending. The decision has important effects for MyCC’s role and power. The court held that MyCC is a quasi-judicial body. Once it makes a decision, it can no longer challenge the decision of the Competition Appeal Tribunal, its appellate body.
Representing two feed millers against MyCC’s proposed decision alleging price fixing for poultry feed in Malaysia. The proposed decision has attracted a lot of public interest and attention because of the instability and escalation of chicken prices in Malaysia in 2022, which is perceived to be caused in part by the raising of poultry feed prices.
Represented two Information Technology (IT) firms against MyCC’s infringement decision alleging bid rigging for public procurement tenders for IT-related project by the National Academy of Arts, Culture and Heritage of Malaysia (ASWARA). This is the first bid-rigging case in Malaysia involving public procurement. In July 2022, MyCC added that it is investigating 500 companies suspected of being involving in rigging the bidding process of contracts worth RM2 million. This case will set the precedent for bid rigging cases in Malaysia.
