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Malaysia: Citizens' Access to News
Abstract
While the right to information has in most instances focused on the relationship between the individual and the state, there may be some instances where such a right is impeded due to private restraints or anti-competitive behaviors. This chapter is intended to recapitulate a period in the history of newspaper publishing when private restraints or behaviors that may otherwise be anti-competitive were used in an attempt to kill off a new daily at its inception. The episode took place at a time when there was no competition or antitrust law in force. It occurred when the Internet had just found its way to Malaysia and when printed newspapers were the main tools to disseminate news. This chapter also looks at the essential facilities doctrine and a similar case in another jurisdiction, and how these might have been applied to the episode.
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