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MLex Market Insight

Plans to change Malaysia’s leniency rules; and Australian insurers lap up smartwatch data

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 8 July 2022

⏱️ 21 minutes

🧾️ Download transcript

Summary

The logic of leniency rules is rock-solid in the eyes of enforcers: Deals promising lighter sentencing can coax cartelists out of the woodwork and reveal otherwise undetectable anticompetitive agreements. But in Malaysia, leniency rules have been in place for eight years without a single successful application, sparking soul-searching about what changes are needed to make the rules work. Also on today’s podcast: Why are insurers so keen to get their hands on fitness data generated by your smartwatch? Australia is pondering this very question, with data-driven discounts raising the question of whether those unwilling to hand over the data from a wearable device risk facing discrimination from insurers amassing new levels of information.

Transcript

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0:00.0

Welcome back. This is Emlex's weekly podcast covering the very best and latest in the world of regulatory affairs with the assistance of our team of reporters around the world.

0:26.6

My name is James Panicki. I'm Emlix's senior editor in the Asia Pacific region and it's great to be back in your feed again this week.

0:29.6

We have a couple of interesting stories for you today, starting with this basic question.

0:34.6

Why are health insurers so keen to get their hands on fitness data

0:39.7

generated by your smart watch? Australia is pondering this issue at the moment, although

0:44.8

health insurers in the country aren't legally allowed to discriminate against anyone requesting

0:50.3

a policy, they are allowed to offer discounts to those who demonstrate that

0:54.7

they're leading healthy lifestyles. Fine, but does offering discounts to the Fitbit Virtuous

1:01.0

ultimately lead to discrimination against those who don't want to hand over their fitness data?

1:07.4

It's a great yarn and Laurel Henning will be joining us from Sydney to walk us through it.

1:12.9

First up though to Malaysia where competition enforcers are examining ways of strengthening

1:17.5

leniency provisions. What are leniency provisions? I hear you ask. Well, in the view of most

1:23.1

enforcers, leniency or even immunity deals are an important means by which to coax whistleblowers

1:29.8

into the open to reveal cartel or anti-competitive arrangements with the assurance that they

1:35.2

will receive favourable treatments. Now, Malaysia has had such provisions in place for eight years now,

1:41.9

but they have never been used successfully. That fact, in turn,

1:45.9

has sparked a conversation about how the provisions should be changed and there are now plans in

1:52.0

place. Jetemazo Santos is our Southeast Asia correspondent speaking to me from Jakarta,

1:57.5

but recently returned from a trip to Malaysia where she examined the debate

2:02.5

about the leniency policies.

2:04.9

Ajit, firstly, maybe describe to us Malaysia's leniency program as it stands and also

2:11.3

tell us something about the regulator's experience with it so far.

...

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