Symbioses between Green Marketing and Sustainability Exemption Policy in the Competition Law Application in Malaysia

Abstract

Objective: The Malaysian Competition Act 2010 (MCA 2010) strictly prohibits anti-competitive practices in the absence of any redeeming virtue that promotes economic efficiency or social benefits whereas its detrimental effect on competition is proportionate to the benefits provided. The   ‘green marketing’ (GM) is about product indorses environmental sustainability policy. Our planet today is confronted with various environmental disasters such as air and water pollution, food shortage, plastic pollution, and deforestation. Furthermore, industrial waste and chemicals are found everywhere. Therefore, it’s extremely pertinent to divert all attention to focus at every level on attaining sustainable environmental policy. The corporations have considered producing and marketing in a more environmentally friendly manner and the consumers are also aware of its importance. The resulting universal war against global warming and environmental protection has developed a reason to incorporate broader non-economic environmental-related policy i.e., the sustainable environmental benefits goals into the anti-competitive exemption policy to resonate with the United Nations (UN) Sustainable Development Goals (SDGs) within the   Competition Law and Policy CLP). Hence it is considered arguable, that GM's societal benefits and sustainability objective outweigh its countervailing anticompetitive effects. Methodology: Therefore, the author is resolute that an endorsement for GM as for exclusion as a ‘sustainable benefit’ exemption is relevant to obtain a fair competitive advantage for GM in Malaysia. However, in the endorsement of the GM concepts the discussion will firstly address greenwashing issues before proceeding to the study on inroad of the ‘sustainability exemption policy’ within the CLP generally and specifically in Malaysia. Findings: The research concludes with exemption options concerning specific mergers, horizontal agreements, and state aid exclusion policy under CA2010.