Global distribution system (GDS) in airline industry and Malaysian competition law / Nor Katrina Anis Ahmad Ghani

The emergence of the Global Distribution System (GDS) in the 1960s signified a pivotal advancement in interlinking stakeholders within the global airline industry. Over time, it has evolved into a primary conduit facilitating engagement between airlines, travel agents, and business clienteles. While extensively adopted across diverse sectors like hotels and transportation, this study specifically focused on dissecting the intersection of GDS and competition law within Malaysia's airline industry. An in-depth examination uncovers the substantial control exerted by major industry players over agreements between airlines and GDS entities, significantly affecting competition in the domain of ticket purchasing services. These agreements intricately dictate content provision to GDS, constraining the manoeuvrability of airlines in exploring alternative distribution channels. Through qualitative analysis, this research identifies elements within GDS agreements that inhibit fair competition in Malaysia. Furthermore, the thesis delves into the implications of the Competition Act 2020 and briefly touches upon the Malaysian Aviation Consumer Protection (Amendment) Code 2019. Methodologically, this study encompasses qualitative research methods, including indepth interviews and focus group discussions. These sessions involve active participation from industry players, competition law experts, and specialists well-versed in the workings of the Global Distribution System. The insights garnered from these interactions add depth to the analysis, providing nuanced perspectives crucial in understanding the impact of Global Distribution System arrangements on Malaysia's Competition Law Act 2010. Additionally, due to ongoing litigation, the study limits its examination to publicly available agreements, necessitating a comprehensive review of international articles, cases, and literature, particularly from Europe and the United States, to augment the assessment of GDS dynamics within Malaysia's legal framework. This study hopes to propose recommendation in the form of effective mechanisms for the enforcement to resolve the issue of anti-competitive practices in the Global Distribution System arrangements.