Competition Act 2004
2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021. Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT 1983
An Act to make provision about competition and the abuse of a dominant position in the market; and to establish the Competition and Consumer Commission of Singapore, to provide for its functions and powers and for matters connected therewith. [10/2018] [1 January 2005: Parts I and II and the First and Second Schedules ; 1 September 2005: Part IV ; 1 January 2006: Divisions 1, 2, 3 and 5 of Part III and Parts V and VI and the Third Schedule ]
ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY Section 1. Short title 2. Interpretation PART 2 COMPETITION AND CONSUMER COMMISSION OF SINGAPORE Division 1 — Establishment, incorporation and constitution of Commission 3. Establishment and incorporation of Competition and Consumer Commission of Singapore 4. Common seal 5. Constitution of Commission Division 2 — Functions, duties and powers of Commission 6. Functions and duties of Commission 7. Powers of Commission 8. Directions by Minister 9. Appointment of committees and delegation of powers Division 3 — Provisions relating to staff 10. Chief Executive, officers and employees, etc. Division 4 — Financial provisions 11. Financial year 12. Minister’s approval of estimates 13. Moneys recovered or collected by Commission 14. Grants-in-aid 15. Power to borrow 16. Issue of shares, etc. 17. Bank account 18. Application of moneys 19. Investment Section 20. [Repealed] 21. Audit of accounts 22. [Repealed] 23. [Repealed] Division 5 — Transfer of property, assets, liabilities and employees 24. Transfer to Commission of property, assets and liabilities 25. Transfer of employees 26. Service rights, etc., of transferred employees to be preserved 27. No benefits in respect of abolition or reorganisation of office 28. Existing contracts 29. Continuation and completion of disciplinary proceedings and other legal proceedings 30. Misconduct or neglect of duty by employee before transfer Division 6 — General 31. [Repealed] 32. Symbol or representation of Commission PART 3 COMPETITION Division 1 — General 33. Application of Part Division 2 — Agreements, etc., preventing, restricting or distorting competition 34. Agreements, etc., preventing, restricting or distorting competition 35. Excluded agreements 36. Block exemptions 37. Block exemption orders 38. Opposition to block exemptions 39. Procedure for block exemptions 40. Variation and revocation of block exemption orders 41. Criteria for block exemptions 42. Requests for Commission to examine agreements 43. Notification for guidance 44. Notification for decision 45. Effect of guidance Section 46. Effect of decision that section 34 prohibition has not been infringed Division 3 — Abuse of dominant position 47. Abuse of dominant position 48. Excluded cases 49. Requests for Commission to consider conduct 50. Notification for guidance 51. Notification for decision 52. Effect of guidance 53. Effect of decision that section 47 prohibition has not been infringed Division 4 — Mergers 54. Mergers 55. Excluded mergers 55A. Confidential advice by Commission on anticipated mergers 56. Requests for Commission to consider anticipated mergers and mergers 57. Notification of anticipated merger 58. Notification of merger 58A. Interim measures in relation to notifications of anticipated mergers and mergers 59. Effect of decision that anticipated merger, if carried into effect, will not infringe section 54 prohibition 60. Effect of decision that merger has not infringed section 54 prohibition Division 4A — Commitments 60A. Commitments 60B. Effect of commitments Division 5 — Enforcement 61. Guidelines on enforcement of Part 61A. Power to require documents or information 62. Power to investigate 63. Power when conducting investigation 64. Power to enter premises without warrant 65. Power to enter premises under warrant 66. Self-incrimination and savings for professional legal advisers 67. Interim measures Section 68. Decision of Commission upon completion of investigation 69. Enforcement of decision of Commission 70. Notification PART 4 APPEALS Division 1 — General 71. Appealable decisions Division 2 — Competition Appeal Board 72. Competition Appeal Board 73. Powers and decisions of Board 74. Appeals to General Division of High Court, etc. PART 5 OFFENCES 75. Refusal to provide information, etc. 76. Destroying or falsifying documents 77. False or misleading information 78. Obstruction of officer of Commission, etc. 79. No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause 80. Powers of enforcement 81. Offences by bodies corporate, etc. 82. Jurisdiction of court 83. General penalty 84. Composition of offences PART 6 MISCELLANEOUS 85. Enforcement of directions of Commission and commitments in District Court 86. Rights of private action 87. Cooperation between Commission and other regulatory authorities on competition matters 88. Cooperation between Commission and foreign competition bodies 89. Preservation of secrecy Section 90. Protection from personal liability 91. Public servants 91A. Proceedings conducted by officers of Commission 92. Amendment of Third and Fourth Schedules 93. Regulations 94. [Repealed] PART 7 TRANSFER OF UNDERTAKINGS TO COMMISSION 95. Interpretation of this Part 96. Transfer of undertakings to Commission 97. Transfer of employees to Commission 98. General preservation of employment terms, etc. 99. Transfer of records 100. Confirmation of transfers First Schedule — Constitution and proceedings of Commission Second Schedule — Powers of Commission Third Schedule — Exclusions from section 34 prohibition and section 47 prohibition Fourth Schedule — Exclusions from section 54 prohibition
This Act is the Competition Act 2004.
“anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 54(2); “block exemption” has the meaning given by section 36(5); “block exemption order” has the meaning given by section 36(3); “Board” means the Competition Appeal Board established under section 72; “Chairperson” means the Chairperson of the Commission and includes any temporary Chairperson of the Commission; “Chief Executive” means the Chief Executive of the Commission, and includes any individual acting in that capacity; “Commission” means the Competition and Consumer Commission of Singapore established by section 3; “Deputy Chairperson” means the Deputy Chairperson of the Commission and includes any temporary Deputy Chairperson of the Commission; “document” includes information recorded in any form; “goods” includes — (a) buildings and other structures; (b) ships, aircraft and hovercraft; (c) gas and electricity; and (d) choses in action; “information” includes estimates and forecasts; “inspector” means an inspector appointed by the Commission to conduct any investigation under section 62; “investigating officer” has the meaning given by section 64(1); “member” means a member of the Commission; “party involved in a merger” means a person or an undertaking specified in section 54(2) and includes the merged entity; “party to an anticipated merger” means a person or an undertaking which would be a person or an undertaking specified in section 54(2) if the anticipated merger were carried into effect; “person” includes any undertaking; “premises” does not include domestic premises unless — (a) they are used in connection with the affairs of an undertaking; or (b) documents relating to the affairs of an undertaking are kept there, but includes any vehicle; “public interest consideration” means national or public security, defence and any other considerations that the Minister may, by order in the Gazette, prescribe; “section 34 prohibition” means the prohibition referred to in section 34(1); “section 47 prohibition” means the prohibition referred to in section 47(1); “section 54 prohibition” means the prohibition referred to in section 54(1); “service” means a service of any description whether industrial, trade, professional or otherwise; “undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services. [23/2007; 5/2018; 10/2018]
(a) suing and being sued; (b) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and (c) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer. [10/2018]
(a) a Chairperson; (b) such other members, not being less than 2 or more than 16, as the Minister may determine.
(a) to maintain and enhance efficient market conduct and promote overall productivity, innovation and competitiveness of markets in Singapore; (b) to eliminate or control practices having adverse effect on competition in Singapore; (c) to promote and sustain competition in markets in Singapore; (d) to promote a strong competitive culture and environment throughout the economy in Singapore; (e) to act internationally as the national body representative of Singapore in respect of competition matters and consumer protection matters; (f) to promote fair trading practices among suppliers and consumers and enable consumers to make informed purchasing decisions in Singapore; (g) to prevent suppliers in Singapore from engaging in unfair practices; (h) to administer and enforce the Consumer Protection (Fair Trading) Act 2003; (i) to advise the Government, any public authority or any consumer protection organisation on national needs and policies in respect of competition matters and consumer protection matters generally; and (j) to perform such other functions and discharge such other duties as may be conferred on the Commission by or under any other written law. [10/2018]
(a) the differences in the nature of various markets in Singapore; (b) the economic, industrial and commercial needs of Singapore; and (c) maintaining the efficient functioning of the markets in Singapore.
The Minister may give to the Commission any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018]
(a) is absent from duty or Singapore; or (b) is, for any reason, unable to perform the duties of the office. [5/2018]
The financial year of the Commission begins on 1 April of each year and ends on 31 March of the succeeding year.
For the purpose of enabling the Commission to perform its functions and discharge its duties under this Act, the Minister may make grants-in-aid to the Commission of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.
(a) mortgage, overdraft or other means, with or without security; (b) charge, whether legal or equitable, on any property vested in the Commission or on any other revenue receivable by the Commission under this Act or any other written law; or (c) the creation and issue of debentures, bonds or any other instrument as the Minister may approve.
(a) the vesting of any property, rights or liabilities of the Government in the Commission under this Act; or (b) any capital injection or other investment by the Government in the Commission in accordance with any written law, the Commission must issue such shares or other securities to the Minister for Finance as that Minister may direct.
The moneys of the Commission must be applied only in payment or discharge of the expenses, obligations and liabilities of the Commission and in making any payment that the Commission is authorised or required to make.
(a) invest its moneys in such manner as it thinks fit; and (b) engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment.
The auditor must submit such periodical and special reports to the Minister and to the Commission as may appear to the auditor to be necessary or as the Minister or the Commission may require.
(a) the Commission had been a party to such an agreement; and (b) for any reference to the Government there was substituted in respect of anything to be done on or after 1 January 2005 a reference to the Commission.
Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Commission under section 25 is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Commission.
All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 January 2005 to which the Government is a party and relating to the transferred Division or to any person transferred to the service of the Commission under section 25 continue in force on and after that date and are enforceable by or against the Commission as if the Commission had been named therein or had been a party thereto instead of the Government.
(a) the transferred Division; (b) any portion of the property, assets, interests, rights, privileges, liabilities and obligations transferred to the Commission under section 24; or (c) any employee transferred to the service of the Commission under section 25, may be continued, completed and enforced by or against the Commission.
The Commission may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst the person was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Government, and if this Act had not been enacted.
(a) uses a symbol or representation identical with that of the Commission; or (b) uses a symbol or representation which so resembles the Commission’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
(a) an agreement referred to in section 34 has been entered into outside Singapore; (b) any party to such agreement is outside Singapore; (c) any undertaking abusing the dominant position referred to in section 47 is outside Singapore; (d) an anticipated merger will be carried into effect outside Singapore; (e) a merger referred to in section 54 has taken place outside Singapore; (f) any party to an anticipated merger or any party involved in a merger is outside Singapore; or (g) any other matter, practice or action arising out of such agreement, such dominant position, an anticipated merger or a merger is outside Singapore, this Part applies to such party, agreement, abuse of dominant position, anticipated merger or merger if (as the case may be) — (h) such agreement infringes or has infringed the section 34 prohibition; (i) such abuse infringes or has infringed the section 47 prohibition; (j) such anticipated merger, if carried into effect, will infringe the section 54 prohibition; or (k) such merger infringes or has infringed the section 54 prohibition. [23/2007]
(a) the exercise of powers by that other regulatory authority must not be construed as derogating from the exercise of powers by the Commission; and (b) the exercise of powers by the Commission must not be construed as derogating from the exercise of powers by that other regulatory authority.
(a) in determining in a particular case or category of cases whether the Commission should exercise its powers under this Part or the other regulatory authority should exercise its powers; and (b) where the Commission and the other regulatory authority may exercise their respective powers concurrently or conjunctively.
(a) the Government; (b) any statutory body; or (c) any person acting on behalf of the Government or that statutory body (as the case may be) in relation to that activity, agreement or conduct.
(a) such statutory body or person acting on behalf of such statutory body; or (b) such activity carried on, agreement entered into or conduct engaged in, by a statutory body or person acting on behalf of the statutory body in relation to such activity, agreement or conduct, as the Minister may, by order in the Gazette, prescribe.
(a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development or investment; (c) share markets or sources of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
The section 34 prohibition does not apply to such matter as may be specified in the Third Schedule.
(a) in the form in which the recommendation is made; or (b) subject to such modifications as the Minister considers appropriate.
(a) that breach of a condition imposed by the order has the effect of cancelling the block exemption in respect of an agreement as from such date as the Commission may specify; (b) that if there is a failure to comply with an obligation imposed by the order, the Commission may, by written notice, cancel the block exemption in respect of the agreement as from such date as the Commission may specify; and (c) that if the Commission considers that a particular agreement is not one to which section 41 applies, it may cancel the block exemption in respect of that agreement as from such date as the Commission may specify.
(a) is opposed to it being so treated; and (b) gives written notice to the party concerned of its opposition before the end of that period.
“notice period” means such period as may be specified with a view to giving the Commission sufficient time to consider whether to oppose under subsection (2); “specified” means specified in a block exemption order.
(a) publish details of its proposed recommendation in such a way as the Commission thinks most suitable for bringing it to the attention of those likely to be affected; and (b) consider any representations made to the Commission regarding its proposed recommendation.
(a) inform the Commission of the proposed variation or revocation; and (b) take into account any comments made by the Commission.
(a) improving production or distribution; or (b) promoting technical or economic progress, but which does not — (c) impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; or (d) afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question.
(a) for the procedure to be followed — (i) by any person making an application under subsection (1); and (ii) by the Commission, in considering such an application; and (b) as to the application of sections 43 to 46 and the procedure referred to in paragraph (a), with such modifications (if any) as may be prescribed, in cases where the Commission — (i) has given a direction withdrawing an exclusion; or (ii) is considering whether to give such a direction.
(a) notify the Commission of the agreement; and (b) apply to it for guidance.
(a) beginning with the date on which the notification was given; and (b) ending with such date as may be specified in a written notice given to the applicant by the Commission when the application has been determined.
(a) notify the Commission of the agreement; and (b) apply to it for a decision.
(a) whether the section 34 prohibition has been infringed; and (b) if it has not been infringed, whether that is — (i) because of the effect of an exclusion; (ii) because the agreement is exempt from the prohibition; or (iii) because a commitment has been accepted pursuant to section 60A(2). [15/2018]
(a) beginning with the date on which the notification was given; and (b) ending with such date as may be specified in a written notice given to the applicant by the Commission when the application has been determined.
(a) the agreement is unlikely to infringe the section 34 prohibition, regardless of whether or not it is exempt; or (b) the agreement is likely to be exempt under a block exemption.
(a) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance; (b) it has reasonable grounds for suspecting that the information on which it based its guidance was incomplete, false or misleading in a material particular; (c) one of the parties to the agreement applies to it for a decision under section 44 with respect to the agreement; or (d) a complaint about the agreement has been made to it by a person who is not a party to the agreement. [23/2007]
(a) it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2); (b) it considers that it is likely that the agreement will infringe the section 34 prohibition; and (c) it gives written notice to the party on whose application the guidance was given that it is removing the immunity as from the date specified in its notice.
(a) on which it based its guidance; and (b) which was provided to it by a party to the agreement, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.
(a) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or (b) it has reasonable grounds for suspecting that the information on which it based its decision was incomplete, false or misleading in a material particular. [23/2007]
(a) it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2); (b) it considers that it is likely that the agreement will infringe the section 34 prohibition; and (c) it gives written notice to the party on whose application the decision was made that it is removing the immunity as from the date specified in its notice.
(a) on which it based its decision; and (b) which was provided to it by a party to the agreement, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.
(a) predatory behaviour towards competitors; (b) limiting production, markets or technical development to the prejudice of consumers; (c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or (d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts.
The section 47 prohibition does not apply to such matter as may be specified in the Third Schedule.
(a) by any person making an application under subsection (1); and (b) by the Commission, in considering such an application.
(a) notify the Commission of the conduct; and (b) apply to it for guidance.
(a) notify the Commission of the conduct; and (b) apply to it for a decision.
(a) whether the section 47 prohibition has been infringed; and (b) if it has not been infringed, whether that is — (i) because of the effect of an exclusion; or (ii) because a commitment has been accepted pursuant to section 60A(3). [15/2018]
(a) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance; (b) it has reasonable grounds for suspecting that the information on which it based its guidance was incomplete, false or misleading in a material particular; or (c) a complaint about the conduct has been made to it. [23/2007]
(a) it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2); (b) it considers that it is likely that the conduct will infringe the section 47 prohibition; and (c) it gives written notice to the undertaking on whose application the guidance was given that it is removing the immunity as from the date specified in its notice.
(a) on which it based its guidance; and (b) which was provided to it by an undertaking engaging in the conduct, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.
(a) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or (b) it has reasonable grounds for suspecting that the information on which it based its decision was incomplete, false or misleading in a material particular. [23/2007]
(a) it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2); (b) it considers that it is likely that the conduct will infringe the section 47 prohibition; and (c) it gives written notice to the undertaking on whose application the decision was made that it is removing the immunity as from the date specified in its notice.
(a) on which it based its decision; and (b) which was provided to it by an undertaking engaging in the conduct, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.
(a) 2 or more undertakings, previously independent of one another, merge; (b) one or more persons or other undertakings acquire direct or indirect control of the whole or part of one or more other undertakings; or (c) the result of an acquisition by one undertaking (the first undertaking) of the assets (including goodwill), or a substantial part of the assets, of another undertaking (the second undertaking) is to place the first undertaking in a position to replace or substantially replace the second undertaking in the business or, as appropriate, the part concerned of the business in which that undertaking was engaged immediately before the acquisition. [23/2007]
(a) ownership of, or the right to use all or part of, the assets of an undertaking; or (b) rights or contracts which enable decisive influence to be exercised with regard to the composition, voting or decisions of the organs of an undertaking. [23/2007]
(a) becomes a holder of the rights or contracts, or entitled to use the other means, referred to in subsection (3); or (b) although not becoming such a holder or entitled to use those other means, acquires the power to exercise the rights derived therefrom. [23/2007]
(a) the person acquiring control is a receiver or liquidator acting as such or is an underwriter acting as such; (b) all of the undertakings involved in the merger are, directly or indirectly, under the control of the same undertaking; (c) control is acquired solely as a result of a testamentary disposition, intestacy or the right of survivorship under a joint tenancy; or (d) control is acquired by an undertaking referred to in subsection (8) in the circumstances specified in subsection (9). [23/2007]
(a) the control concerned is constituted by the undertaking’s holding, on a temporary basis, securities acquired in another undertaking; and (b) any exercise by the undertaking of voting rights in respect of those securities, whilst that control subsists — (i) is for the purpose of arranging for the disposal, within the specified period, of all or part of the other undertaking or its assets or securities; and (ii) is not for the purpose of determining the manner in which any activity of the other undertaking, being an activity that could affect competition in markets for goods or services in Singapore, is carried on. [23/2007]
(a) the period of 12 months from the date on which control of the other undertaking was acquired; or (b) if in a particular case the undertaking shows that it is not reasonably possible to effect the disposal concerned within the period referred to in paragraph (a), within such longer period as the Commission determines and specifies with respect to that case. [23/2007]
The section 54 prohibition does not apply to any merger specified in the Fourth Schedule. [23/2007]
(a) that all parties to the anticipated merger intend to carry into effect the anticipated merger; (b) that no information relating to the anticipated merger is in the public domain at the time that the application under subsection (1) is made; and (c) if information relating to the anticipated merger enters the public domain after the application under subsection (1) is made, that there are good reasons for the applicant not notifying the Commission of the anticipated merger and not applying to the Commission for its decision, under section 57. [15/2018]
(a) that the Commission may issue advice under this section in relation to only such anticipated mergers as are prescribed; and (b) for the procedure to be followed — (i) by any party making an application under this section; and (ii) by the Commission, in considering such an application. [15/2018]
(a) that only such anticipated mergers as are prescribed may be notified to the Commission under section 57; and (b) for the procedure to be followed — (i) by any party making an application under section 57 or 58; and (ii) by the Commission, in considering such an application. [23/2007]
(a) notify the Commission of the anticipated merger; and (b) apply to it for a decision.
(a) whether the section 54 prohibition will be infringed by the anticipated merger, if carried into effect; and (b) if it will not be infringed, whether it is — (i) because of the effect of an exclusion which will apply if the anticipated merger is carried into effect; (ii) because the anticipated merger, if carried into effect, is exempted from the application of the prohibition under subsection (3); or (iii) because a commitment has been accepted pursuant to section 60A(1). [23/2007; 15/2018]
(a) may be treated by the Commission as if it were an application for the resulting merger to be considered made in accordance with section 58; and (b) the Commission may make a decision under section 58 in respect of the resulting merger. [23/2007]
(a) notify the Commission of the merger; and (b) apply to it for a decision. [23/2007]
(a) whether the section 54 prohibition has been infringed; and (b) if it has not been infringed, whether that is — (i) because of the effect of an exclusion; (ii) because the merger is exempted from the prohibition under subsection (3); or (iii) because a commitment has been accepted pursuant to section 60A(1). [23/2007; 15/2018]
(a) the party who applied for a decision on the merger; or (b) in a case where section 57(9) applies, the party who applied for a decision on the anticipated merger (which was carried into effect) or, where that party no longer exists, the merged entity, and the party or merged entity so notified by the Commission may, within 14 days of the date of the notice, apply to the Minister for the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration. [23/2007]
(a) the section 54 prohibition will be infringed by an anticipated merger, if carried into effect; or (b) the section 54 prohibition has been infringed by a merger, but has not completed its consideration of the matter, and the Commission considers that it is necessary for it to act under this section — (c) for the purpose of preventing any action that may prejudice — (i) the consideration of the anticipated merger or merger; or (ii) the giving of any direction under section 69; or (d) as a matter of urgency for the purpose — (i) of preventing serious, irreparable damage to a particular person or category of persons; or (ii) of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose. [23/2007]
(a) give written notice to the person to whom it proposes to give the direction; and (b) give that person an opportunity to make representations. [23/2007]
(a) it has reasonable grounds for suspecting that any information on which it based its decision (which may include information on the basis of which it accepted a commitment) was incomplete, false or misleading in a material particular; or (b) it has reasonable grounds for suspecting that a party who provided a commitment has failed to adhere to one or more of the terms of the commitment. [23/2007]
(a) it takes action under this Part with respect to one of the circumstances referred to in subsection (2); (b) it considers that it is likely that the anticipated merger, if carried into effect, or the resulting merger will infringe the section 54 prohibition; and (c) it gives written notice to the party on whose application the decision was made that it is removing the immunity as from the date specified in its notice. [23/2007]
(a) any information on which it based its decision (which may include information on the basis of which it accepted a commitment), and which was provided to it by a party to the anticipated merger, was incomplete, false or misleading in a material particular; or (b) a party who provided a commitment has failed to adhere to one or more of the terms of the commitment, the date specified in a notice under subsection (5)(c) may be earlier than the date on which the notice is given. [23/2007]
(a) the Commission has made a decision that an anticipated merger, if carried into effect, will not infringe the section 54 prohibition; and (b) the merger resulting from a purported carrying into effect of the anticipated merger is materially different from the anticipated merger, nothing in this section prevents the Commission from taking any action in relation to the section 54 prohibition in respect of the merger. [23/2007]
(a) it has reasonable grounds for suspecting that any information on which it based its decision (which may include information on the basis of which it accepted a commitment) was incomplete, false or misleading in a material particular; or (b) it has reasonable grounds for suspecting that a party who provided a commitment has failed to adhere to one or more of the terms of the commitment. [23/2007]
(a) it takes action under this Part with respect to the merger in one of the circumstances mentioned in subsection (2); (b) it considers that it is likely that the merger will infringe the section 54 prohibition; and (c) it gives written notice to — (i) the party on whose application the decision was made; or (ii) in a case where section 57(9) applies, the party who applied for a decision on the anticipated merger (which was carried into effect) or, where that party no longer exists, the merged entity, that it is removing the immunity as from the date specified in its notice. [23/2007]
(a) any information on which it based its decision (which may include information on the basis of which it accepted a commitment), and which was provided to it by a party involved in the merger, was incomplete, false or misleading in a material particular; or (b) a party who provided a commitment has failed to adhere to one or more of the terms of the commitment, the date specified in a notice under subsection (5)(c) may be earlier than the date on which the notice is given. [23/2007]
(a) the section 54 prohibition will be infringed by an anticipated merger, if carried into effect; or (b) the section 54 prohibition has been infringed by a merger, accept from such person as it thinks appropriate, a commitment to take or refrain from taking such action as it considers appropriate for the purpose of remedying, mitigating or preventing the substantial lessening of competition or any adverse effect which — (c) may be expected to result from the anticipated merger, if carried into effect; or (d) has resulted or may be expected to result from the merger. [23/2007]
(a) a variation of the commitment; or (b) another commitment in substitution, for the purpose referred to in subsection (1), (2) or (3), whichever is applicable, and any reference to a commitment accepted under any of those subsections includes a reference to a commitment varied or substituted under this subsection. [23/2007; 15/2018]
(a) the section 54 prohibition will not be infringed by an anticipated merger, if carried into effect; or (b) the section 54 prohibition has not been infringed by a merger, as the case may be. [23/2007; 15/2018]
(a) it has reasonable grounds for suspecting that any information on the basis of which it accepted a commitment was incomplete, false or misleading in a material particular; or (b) it has reasonable grounds for suspecting that a party who provided a commitment has failed to adhere to one or more of the terms of the commitment. [23/2007; 15/2018]
(a) has reasonable grounds for suspecting that any feature, or combination of features, of a market in Singapore for goods or services prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in Singapore; or (b) in considering an application for decision filed pursuant to section 44, 51, 57 or 58, has reasonable grounds for suspecting that — (i) the section 34 prohibition has been infringed by any agreement; (ii) the section 47 prohibition has been infringed by any conduct; (iii) the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or (iv) the section 54 prohibition has been infringed by any merger, the Commission may, by written notice to any person, require the person to produce to the Commission a specified document, or to provide the Commission with specified information, which the Commission considers relates to any matter relevant to such purposes. [23/2007]
(a) the purpose for which the specified document or specified information is required by the Commission; and (b) the nature of the offences created by sections 75 to 78. [23/2007]
(a) the time and place at which any document is to be produced or any information is to be provided; and (b) the manner and form in which it is to be produced or provided. [23/2007]
(a) if the document is produced — (i) to take copies of it or extracts from it; and (ii) to require P, or any person who is a present or past officer of P, or is or was at any time employed by P, to provide an explanation of the document; or (b) if the document is not produced, to require P to state, to the best of P’s knowledge and belief, where it is. [23/2007]
(a) the structure of the market concerned or any aspect of that structure; (b) any conduct (whether or not in the market concerned) of one or more than one person who supplies or acquires goods or services in the market concerned; or (c) any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services, and, in this subsection, “conduct” includes any failure to act (whether or not intentional) and any other unintentional conduct. [23/2007]
(a) specified or described in the notice; or (b) falling within a category which is specified or described in the notice. [23/2007]
(a) the section 34 prohibition has been infringed by any agreement; (b) the section 47 prohibition has been infringed by any conduct; (c) the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or (d) the section 54 prohibition has been infringed by any merger. [23/2007]
(a) the subject matter and purpose of the investigation; and (b) the nature of the offences created by sections 75 to 78.
(a) the time and place at which any document is to be produced or any information is to be provided; and (b) the manner and form in which it is to be produced or provided.
(a) if the document is produced — (i) to take copies of it or extracts from it; and (ii) to require P, or any person who is a present or past officer of P, or is or was at any time employed by P, to provide an explanation of the document; or (b) if the document is not produced, to require P to state, to the best of P’s knowledge and belief, where it is.
(a) orally examine any individual on the premises who appears to be acquainted with the facts and circumstances relevant to the investigation that is being carried out; and (b) require the individual to answer any question relating to the investigation. [15/2018]
(a) be reduced to writing; (b) be read over to the individual; (c) if the individual does not understand English, be interpreted in a language that the individual understands; and (d) after correction (if any), be signed by the individual. [15/2018]
(a) specified, or described, in the notice; or (b) falling within a category which is specified, or described, in the notice.
(a) any officer of the Commission who is authorised by the Commission to do so (an investigating officer) and such other officers or persons as the Commission has authorised in writing to accompany the investigating officer (authorised person); and (b) any inspector and such other person as the inspector may require, may enter any premises. [23/2007]
(a) gives at least 2 working days’ notice of the intended entry; (b) indicates the subject matter and purpose of the investigation; and (c) indicates the nature of the offences created by sections 75 to 78. [23/2007]
(a) if the investigating officer or inspector has reasonable grounds for suspecting that the premises are, or have been, occupied by an undertaking which is being investigated in relation to — (i) an agreement referred to in section 34; (ii) conduct referred to in section 47; or (iii) an anticipated merger, or a merger referred to in section 54; or (b) if the investigating officer or inspector has taken all such steps as are reasonably practicable to give notice but has not been able to do so. [23/2007]
(a) in the case of an investigating officer and any authorised person, upon production of — (i) evidence of the investigating officer’s authorisation and the authorisation of every authorised person accompanying him or her; and (ii) a document containing the information referred to in subsection (2)(b) and (c); and (b) in the case of an inspector and any person required by the inspector, upon production of — (i) evidence of the inspector’s appointment; and (ii) a document containing the information referred to in subsection (2)(b) and (c). [23/2007]
(a) take with him or her such equipment as appears to him or her to be necessary; (b) require any person on the premises — (i) to produce any document which the investigating officer, authorised person, inspector or person required by the inspector considers relates to any matter relevant to the investigation; and (ii) if the document is produced, to provide an explanation of it; (c) require any person to state, to the best of the person’s knowledge and belief, where any document mentioned in paragraph (b)(i) is to be found; (d) take copies of, or extracts from, any document which is produced; (e) require any information which is stored in any electronic form and is accessible from the premises and which he or she considers relates to any matter relevant to the investigation, to be produced in a form — (i) in which it can be taken away; and (ii) in which it is visible and legible; and (f) take any step which appears to be necessary for the purpose of preserving or preventing interference with any document which he or she considers relates to any matter relevant to the investigation. [23/2007; 15/2018]
(a) there are reasonable grounds for suspecting that there are on any premises documents — (i) the production of which has been required under section 63 or 64; and (ii) which have not been produced as required; (b) there are reasonable grounds for suspecting that — (i) there are on any premises documents which the Commission or the inspector has power under section 63 to require to be produced; and (ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or (c) an investigating officer, an authorised person, an inspector or a person required by the inspector has attempted to enter the premises in the exercise of his or her powers under section 64 but has been unable to do so and that there are reasonable grounds for suspecting that there are on the premises documents the production of which could have been required under that section. [23/2007]
(a) in the case of an investigation conducted by the Commission, such other officers or persons as the Commission has authorised in writing to accompany the named officer; and (b) in the case of an investigation conducted by an inspector, such other persons as the inspector may require, to do all or any of the following: (c) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; (d) to search any person on those premises if there are reasonable grounds for believing that that person has in his or her possession any document, equipment or article which has a bearing on the investigation; (e) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind); (f) to take possession of any document appearing to be of the relevant kind if — (i) such action appears to be necessary for preserving the document or preventing interference with it; or (ii) it is not reasonably practicable to take copies of the document on the premises; (g) to take any other step which appears to be necessary for the purpose mentioned in paragraph (f)(i); (h) to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his or her knowledge and belief, where it may be found; (i) to require any person on the premises to produce any document of the relevant kind at the time and place, and in the form and manner, required by the named officer or other officer or person whom the Commission has authorised in writing to accompany the named officer, or by any other person required under paragraph (b) by an inspector; (j) to require any information which is stored in any electronic form and is accessible from the premises and which he or she considers relates to any matter relevant to the investigation, to be produced in a form — (i) in which it can be taken away; and (ii) in which it is visible and legible; (k) to remove from those premises for examination any equipment or article which relates to any matter relevant to the investigation. [23/2007; 15/2018]
(a) the subject matter and purpose of the investigation; and (b) the nature of the offences created by sections 75 to 78, and continues in force until the end of the period of one month beginning from the day on which it is issued.
(a) take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and (b) if the occupier is informed, afford the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed.
“named officer” means — (a) an officer of the Commission named in the warrant; or (b) the inspector named in the warrant, as the case may be; “occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.
(a) is not admissible in evidence against him or her in criminal proceedings other than proceedings under Part 5; but (b) is, for the avoidance of doubt, admissible in evidence in civil proceedings, including proceedings under this Act. [23/2007]
(a) compels a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him or her in that capacity; or (b) authorises the taking of any such document or other material which is in his or her possession.
(a) has reasonable grounds for suspecting that the section 34 prohibition or the section 47 prohibition has been infringed but has not completed its investigations into the matter; and (b) considers that it is necessary for it to act under this section as a matter of urgency for the purpose — (i) of preventing serious, irreparable damage to a particular person or category of persons; or (ii) of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose. [23/2007]
(a) will be infringed by an anticipated merger, if carried into effect; or (b) has been infringed by a merger, but has not completed its investigations into the matter, and considers that it is necessary for it to act under this section — (c) for the purpose of preventing any action that may prejudice — (i) the investigations; or (ii) the giving of any direction under section 69; or (d) as a matter of urgency for the purpose — (i) of preventing serious, irreparable damage to a particular person or category of persons; or (ii) of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose. [23/2007]
(a) give written notice to the person to whom it proposes to give the direction; and (b) give that person an opportunity to make representations.
(a) after considering the statements made, or documents or articles produced, in the course of an investigation conducted by it under this Part; or (b) in the case of an investigation conducted by an inspector, after considering the report of the inspector, the Commission proposes to make a decision that the section 34 prohibition has been infringed by any agreement, the section 47 prohibition has been infringed by any conduct, the section 54 prohibition will be infringed by any anticipated merger, if carried into effect, or the section 54 prohibition has been infringed by any merger, the Commission must — (c) give written notice to the person likely to be affected by such decision; and (d) give such person an opportunity to make representations to the Commission. [23/2007]
(a) the section 34 prohibition has been infringed by any agreement; (b) the section 47 prohibition has been infringed by any conduct; (c) the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or (d) the section 54 prohibition has been infringed by any merger. [23/2007]
(a) in relation to an anticipated merger, the Commission proposes to make a decision that the section 54 prohibition will be infringed by the anticipated merger, if carried into effect; or (b) in relation to a merger, the Commission proposes to make a decision that the section 54 prohibition has been infringed by the merger, and the Commission has given written notice under subsection (1)(c) to the parties to the anticipated merger or the parties involved in the merger (as the case may be) any such party may, within 14 days of the date of the notice, apply to the Minister for the anticipated merger, if carried into effect, or the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration. [23/2007]
(a) the section 54 prohibition will not be infringed by the anticipated merger, if carried into effect; or (b) the section 54 prohibition has not been infringed by the merger. [23/2007]
(a) any agreement has infringed the section 34 prohibition; (b) any conduct has infringed the section 47 prohibition; (c) any anticipated merger, if carried into effect, will infringe the section 54 prohibition; or (d) any merger has infringed the section 54 prohibition, the Commission maygiveto suchperson as it thinks appropriate such directions as it considers appropriate to bring the infringement or the circumstances referred to in paragraph (c) to an end and, where necessary, requiring that person to take such action as is specified in the direction to remedy, mitigate or eliminate any adverse effects of such infringement or circumstances and to prevent the recurrence of such infringement or circumstances. [23/2007]
(a) where the decision is that any agreement has infringed the section 34 prohibition, requiring parties to the agreement to modify or terminate the agreement; (b) where the decision is that any conduct has infringed the section 47 prohibition, requiring the person concerned to modify or cease the conduct; (c) where the decision is that any anticipated merger, if carried into effect, will infringe the section 54 prohibition — (i) prohibiting the anticipated merger from being carried into effect; (ii) requiring any parties to any agreement that is directly related and necessary to the implementation of the merger (which would result from the anticipated merger being carried into effect) to modify or terminate the agreement, even though the agreement is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 45 or 46 (as the case may be) that the agreement is unlikely to infringe, or has not infringed, the section 34 prohibition; and (iii) requiring any person concerned with any conduct that is directly related and necessary to the implementation of the merger (which would result from the anticipated merger being carried into effect) to modify or cease that conduct, even though the conduct is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 52 or 53 (as the case may be) that the conduct is unlikely to infringe, or has not infringed, the section 47 prohibition; (d) where the decision is that any merger has infringed the section 54 prohibition — (i) requiring the merger to be dissolved or modified in such manner as the Commission may direct; (ii) requiring any parties to any agreement that is directly related and necessary to the implementation of the merger to modify or terminate the agreement, even though the agreement is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 45 or 46 (as the case may be) that the agreement is unlikely to infringe, or has not infringed, the section 34 prohibition; and (iii) requiring any person concerned with any conduct that is directly related and necessary to the implementation of the merger to modify or cease that conduct, even though the conduct is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 52 or 53 (as the case may be) that the conduct is unlikely to infringe, or has not infringed, the section 47 prohibition; (e) where the decision is that any agreement has infringed the section 34 prohibition, any conduct has infringed the section 47 prohibition or any merger has infringed the section 54 prohibition, to pay to the Commission such financial penalty in respect of the infringement as the Commission may determine; and (f) in any case, requiring any party to an agreement that has infringed the section 34 prohibition, any person whose conduct has infringed the section 47 prohibition, any party to an anticipated merger which, if carried into effect, will infringe the section 54 prohibition or any party involved in a merger that has infringed the section 54 prohibition — (i) to enter such legally enforceable agreements as may be specified by the Commission and designed to prevent or lessen the anti-competitive effects which have arisen; (ii) to dispose of such operations, assets or shares of such undertaking in such manner as may be specified by the Commission; and (iii) to provide a performance bond, guarantee or other form of security on such terms and conditions as the Commission may determine. [23/2007]
The Commission must, within 14 days of its making any decision or direction under this Part, notify any person affected by such decision or direction.
(a) whether the section 34 prohibition has been infringed by any agreement; (b) whether the section 47 prohibition has been infringed by any conduct; (c) whether the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or (d) whether the section 54 prohibition has been infringed by any merger, and includes a direction given under section 58A, 67 or 69 (including the imposition of any financial penalty under section 69 or as to the amount of any such financial penalty) and such other decision as the Minister may by regulations prescribe. [23/2007]
(a) prescribing the period within which appeals may be made; (b) prescribing the manner in which appeals are to be made to the Board; (c) prescribing the procedure to be adopted by the Board in hearing appeals and the records to be kept by the Board; (d) prescribing the places where and the times at which appeals are to be heard by the Board; (e) prescribing the fees to be paid in respect of any appeal under this Part; (f) permitting the Board to order interest to be paid on any financial penalty imposed, confirmed or varied by the Board; (g) prescribing the award of costs of or incidental to any proceedings before the Board or the award of expenses, including any allowances payable to persons in connection with their attendance before the Board; and (h) generally for the better carrying out of the provisions of this Part. [4/2010]
(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise; (b) the compelling of the production of documents; and (c) the award of such costs or expenses as may be prescribed under section 72(15).
(a) remit the matter to the Commission; (b) impose or revoke, or vary the amount of, a financial penalty; (c) give such direction, or take such other step, as the Commission could itself have given or taken; or (d) make any other decision which the Commission could itself have made.
(a) on a point of law arising from a decision of the Board; or (b) from any decision of the Board as to the amount of a financial penalty. [40/2019]
(a) confirm, modify or reverse the decision of the Board; and (b) make such further or other order on such appeal, whether as to costs or otherwise, as the General Division of the High Court may think fit. [40/2019]
(a) the document was not in the person’s possession or under the person’s control; and (b) it was not reasonably practicable for the person to comply with the requirement.
(a) to provide information or answer any question posed to the person; (b) to provide an explanation of a document; or (c) to state where a document is to be found, it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement. [15/2018]
(a) intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or (b) causes or permits its destruction, disposal, falsification or concealment, shall be guilty of an offence. [23/2007]
(a) the information is false or misleading in a material particular; and (b) he or she knows that it is false or misleading in a material particular or is reckless as to whether it is.
(a) provides an information to another person, knowing the information to be false or misleading in a material particular; or (b) recklessly provides any information to another person which is false or misleading in a material particular, knowing that the information is to be used for the purpose of providing information to the Commission, an investigating officer or an inspector or any person authorised, appointed or employed to assist the Commission, investigating officer or inspector, in connection with any function or duty of the Commission, investigating officer or inspector under this Act, shall be guilty of an offence.
Anypersonwhorefusestogive access to, or assaults, hinders or delays any member, officer, employee or agent of the Commission authorised to act for or assist the Commission, or any inspector or person assisting an inspector, in the discharge of his or her duties under this Act shall be guilty of an offence.
No person is, in any proceedings before any court in respect of any equipment, article or document seized in the exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article or document or the payment of their value unless the seizure was made without reasonable or probable cause.
(a) require any person whom the officer or employee of the Commission reasonably believes to have committed that offence to furnish evidence of the person’s identity; (b) require any person to furnish any information or produce any document or copy thereof in the possession of that person, and may, without fee or reward, inspect, make copies or extracts from such document; and (c) require, by written order, the attendance before the officer or employee of any person being within the limits of Singapore who, from the information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case.
(a) wilfully misstates or without lawful excuse refuses to give any information or produce any document or copy thereof required of him or her by an officer or employee of the Commission under subsection (1); or (b) fails to comply with a lawful demand of an officer or employee of the Commission in the discharge of his or her duties by such officer or employee under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(a) to have been committed with the consent or connivance of an officer; or (b) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(a) to have been committed with the consent or connivance of a partner; or (b) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(a) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or (b) to be attributable to any neglect on the officer’s or member’s part, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
“officer”— (a) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or (b) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.
Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment for any such offence.
Anyperson whoisguilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(a) this Act; or (b) any subsidiary legislation made under this Act, may be compounded under this section if the offence is prescribed as a compoundable offence.
(a) to prescribe the offences under this Act or any subsidiary legislation made under this Act as offences that may be compounded under this section; (b) to designate the person who may compound such offences; and (c) to specify the maximum sum for which such offence may be compounded, except that the maximum sum so specified must not exceed the lower of the following: (i) one half of the amount of the maximum fine that is prescribed for the offence; (ii) $5,000.
(a) to secure compliance with the direction or commitment; or (b) to require any person to do anything to remedy, mitigate or eliminate any effects arising from — (i) anything done which ought not, under the direction or commitment, to have been done; or (ii) anything not done which ought, under the direction or commitment, to have been done, which would not have occurred had the direction or commitment been complied with. [23/2007]
(a) until after a decision referred to in subsection (3) has established that the section 34 prohibition, the section 47 prohibition or the section 54 prohibition has been infringed; and (b) during the period referred to in subsection (4).
(a) the Commission’s decision under section 68; (b) the Board’s decision under section 73 (on an appeal from the Commission’s decision under section 71); (c) the decision of the General Division of the High Court under section 74 (on an appeal from the Board’s decision under that section); and (d) the decision of the appellate court under section 74 (on an appeal from the decision of the General Division of the High Court under that section). [40/2019]
(a) in the case of a decision of the Commission, the period during which an appeal may be made to the Board under section 71(1); (b) in the case of a decision of the Commission which is the subject of an appeal to the Board as referred to in paragraph (a), the period following the decision of the Board during which a further appeal may be made under section 74 to the General Division of the High Court; and (c) in the case of a decision of the General Division of the High Court which is the subject of a further appeal, the period during which such an appeal may be made under section 74. [40/2019]
(a) relief by way of injunction or declaration; (b) damages; (c) such other relief as the court thinks fit. [Act 25 of 2021 wef 01/04/2022]
(a) facilitating cooperation between the Commission and the regulatory authority in the performance of their respective functions insofar as they relate to issues of competition between undertakings; (b) avoiding duplication of activities by the Commission and the regulatory authority, being activities involving the determination of the effects on competition of any act done, or proposed to be done; and (c) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Commission and the regulatory authority insofar as any part of those decisions or steps consists of or relates to a determination of any issue of competition between undertakings.
(a) a provision enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions; (b) a provision enabling each party to forbear to perform any of its functions in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter; and (c) a provision requiring each party to consult with any other party before performing any function in circumstances where the respective exercise by each party of the function concerned involves the determination of issues of competition between undertakings that are identical to one another or fall within the same category of such an issue, being a category specified in the agreement.
“issue of competition between undertakings” includes an issue of competition between undertakings that arises generally in the sector of activity in relation to which the Commission or the regulatory authority may exercise powers and such an issue that falls, or could fall, to be the subject of the exercise by the Commission or the regulatory authority of powers in particular circumstances; “party” means a party to a cooperation agreement and a reference to another party (whether that expression or the expression “other party” is used) is, where there are 2 or more other parties to the agreement, a reference to one or more of those other parties or each of them, as appropriate.
(a) furnish to the other party information in its possession if the information is required by that other party for the purpose of performance by it of any of its functions; and (b) provide such other assistance to the other party as will facilitate the performance by that other party of any of its functions.
(a) those terms correspond to the provisions of any law in force in the country or territory in which the body is established, being provisions which concern the disclosure by the body of the information referred to in paragraph (b); and (b) compliance with the requirement is a condition imposed by the body for furnishing information in its possession to the Commission pursuant to the arrangements referred to in subsection (1).
(a) all matters relating to the business, commercial or official affairs of any person; (b) all matters that have been identified as confidential under subsection (3); and (c) all matters relating to the identity of persons furnishing information to the Commission, that may come to his or her knowledge in the performance of his or her functions and discharge of his or her duties under this Act and must not communicate any such matter to any person, except in so far as such communication — (d) is necessary for the performance of any such function or discharge of any such duty; or (e) is lawfully required by any court or the Board, or lawfully required or allowed under this Act or any other written law. [5/2018]
(a) where the consent of the person to whom the information relates has been obtained; (b) for the purposes of — (i) a prosecution under this Act; (ii) subject to subsection (6), enabling the Commission to give effect to any provision of this Act; (iii) enabling the Commission, an investigating officer or an inspector to investigate a suspected offence under this Act or to enforce a provision thereof; or (iv) complying with such provision of an agreement between Singapore and a country or territory outside Singapore (called in this section a foreign country) as may be prescribed, where the conditions specified in subsection (7) are satisfied.
(a) the need for excluding, so far as is practicable, information the disclosure of which would in its opinion be contrary to the public interest; (b) the need for excluding, so far as is practicable — (i) commercial information the disclosure of which would, or might, in its opinion, significantly harm the legitimate business interests of the undertaking to which it relates; or (ii) information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm the individual’s interest; and (c) the extent to which the disclosure is necessary for the purposes for which the Commission is proposing to make the disclosure.
(a) the information or documents requested by the foreign country are available to the Commission; (b) unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and (c) the disclosure of the information is not likely to be contrary to the public interest.
(a) a member, an officer, an employee or an agent of the Commission; (b) amemberofacommitteeoftheCommissionoranyperson authorised, appointed or employed to assist the Commission; (c) aninspector or a person authorised, appointed or employed to assist an inspector; or (d) amemberoftheBoardoranypersonauthorised, appointed or employed to assist the Board.
(a) the Chief Executive; (b) any member, officer, employee or agent of the Commission; (c) any member of the Board or any person authorised, appointed or employed to assist the Board; (d) any person who is on secondment or attachment to the Commission; (e) any person authorised, appointed, employed or directed by the Commission to exercise the Commission’s powers, perform the Commission’s functions or discharge the Commission’s duties or to assist the Commission in the exercise of the Commission’s powers, the performance of the Commission’s functions or the discharge of the Commission’s duties; (f) any inspector or any person authorised, appointed or employed to assist the inspector in connection with any function or duty of the inspector. [15/2018]
All inspectors and all members of the Board shall be deemed to be public servants for the purposes of the Penal Code 1871. [5/2018]
(a) appear in any civil proceedings involving the Commission in the performance of its functions or duties under any written law; and (b) make and doall acts and applications in respect of the civil proceedings on behalf of the Commission.
The Minister may at any time, by order in the Gazette, amend the Third and Fourth Schedules.
(a) the manner of appointment, conduct and discipline and the terms and conditions of service of the employees of the Commission; (b) the establishment of funds for the payment of gratuities and other benefits to employees of the Commission; (c) the form and manner in which a notification under section 38(1) is to be made; (d) the form and manner in which complaints that the section 34 prohibition has been infringed by any agreement, the section 47 prohibition has been infringed byanyconduct, the section 54 prohibition will be infringed by any anticipated merger, if carried into effect, or the section 54 prohibition has been infringed by any merger, are to be submitted to the Commission; (e) the acceptance of commitments, and the variation, substitution or release of commitments, including the parties that may apply for the variation, substitution or release of commitments and the form and manner in which applications for the variation, substitution or release of any commitment are to be submitted to the Commission; (f) the form and manner in which notices of decisions and directions of the Commission are to be given, and the persons to whom such notices are to be given; (g) the fees to be charged in respect of anything done or any services rendered by the Commission under or by virtue of this Act, including the calculation of the amount of fees by reference to matters including — (i) the turnover of all or any party to an agreement (determined in such manner as may be prescribed); (ii) the turnover of any person whose conduct the Commission is to consider (determined in such manner as may be prescribed); (iii) the turnover of all or any party to an anticipated merger (determined in such manner as may be prescribed); and (iv) the turnover of all or any party involved in a merger (determined in such manner as may be prescribed); (h) anything which may be prescribed or is required to be prescribed under this Act. [23/2007]
“asset”, in relation to the transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any — (a) legal or equitable interest in real or personal property, whether situated in Singapore or elsewhere; (b) chose in action; (c) money or securities; (d) plant and equipment, whether situated in Singapore or elsewhere; (e) intellectual property; (f) infrastructure, whether situated in Singapore or elsewhere; (g) records; and (h) right; “fair trading functions” means the following functions: (a) promoting fair trading among suppliers and consumers and enabling consumers to make informed purchasing decisions in Singapore; (b) preventing suppliers in Singapore from engaging in unfair trading practices; (c) advising the Government, any public authority or any consumer protection organisation on fair trading matters generally; (d) administering and enforcing the Consumer Protection (Fair Trading) Act 2003; “liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly and severally with any other person) of the transferor on the eve of the transfer date; “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date; “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transfer date” means 1 April 2018; “transferor” means the Standards, Productivity and Innovation Board established by the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition). [10/2018]
(a) the asset that is the subject of the transfer vests in the Commission by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; (b) the liability that is the subject of the transfer becomes by virtue of this section the liability of the Commission; (c) all legal or other proceedings relating to that asset or liability started before the transfer date by or against the transferor (or a predecessor of the transferor) and pending immediately before that date are taken to be proceedings pending by or against the Commission; (d) any legal or other proceedings relating to that asset or liability which could have been started immediately before the transfer date by or against the transferor (or a predecessor of the transferor) may be started by or against the Commission; (e) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor (or a predecessor of the transferor) relating to that asset or liability may be enforced by or against the Commission; (f) any document relating to legal or other proceedings relating to that asset or liability that has been served on or by the transferor (or a predecessor of the transferor) before the transfer date is taken, where appropriate, to have been served on or by the Commission; (g) any act, matter or thing done or omitted to be done before the transfer date in relation to that asset or liability by, to or in respect of the transferor (or a predecessor of the transferor) is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Commission; (h) a reference to the transferor (or a predecessor of the transferor) in any written law, any instrument made under any Act, any contract, agreement, arrangement or undertaking, or any document of any kind, to the extent to which the reference relates to that asset or liability, is taken to be, or to include, a reference to the Commission; (i) any agreement relating to that asset or liability and to which the transferor (or a predecessor of the transferor) is a party becomes enforceable by or against the Commission. [10/2018]
(a) constitute a breach of, or default under, any Act or other law or otherwise a civil wrong or criminal wrong; (b) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); (c) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; (d) terminate an agreement or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; (e) frustrate any contract or cause any contract or instrument to be void or otherwise unenforceable; (f) release any surety, other obligor or other obligee wholly or in part from any obligation; or (g) constitute an event of breach of, or default under, any contract or other instrument. [10/2018]
(a) stops being an employee of the transferor; and (b) is each transferred to the service, and becomes an employee, of the Commission on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. [10/2018]
(a) does not interrupt continuity of the employee’s service; (b) does not constitute a retrenchment or redundancy of the employee’s employment by the transferor; and (c) does not entitle the employee to any compensation or other payment or benefit merely because he or she stops being employed by the transferor. [10/2018]
(a) any of the terms and conditions of employment of an individual transferred to the service of the Commission under subsection (1) from being altered by or under any law, award or agreement with effect from any time after the transfer date; and (b) an individual transferred to the service of the Commission under subsection (1) from resigning from such service any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. [10/2018]
(a) a transferred employee retains all accrued rights as if his or her employment with the Commission were a continuation of employment with the transferor; (b) the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Commission; and (c) a reference in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Commission. [10/2018]
(a) start any disciplinary proceedings against the employee; (b) carry on and complete any disciplinary proceedings started by the transferor against that employee if those proceedings are pending on the eve ofthe transfer date; and (c) reprimand, reduce in rank, retire, dismiss or otherwise punish the employee as if the Commission were the transferor. [10/2018]
(a) was in the course of being heard or investigated by a committee of that transferor acting under due authority; or (b) had been heard or investigated, but no order, ruling or direction had been made, by that committee, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Commission. [10/2018]
On the transfer date, the records of the transferor that relate solely or mainly to the fair trading functions become the records of the Commission. [10/2018]
(a) as to whether an asset or a liability, or an employee or a record, is transferred under section 96, 97 or 99; or (b) as to whether any, or part of any, contract or document relates to an asset or a liability, or an employee or a record, transferred under section 96, 97 or 99, the Minister charged with the responsibility for finance may determine the matter and must provide the concerned parties with written notice of that determination. [10/2018]
A member of the Commission holds office on such conditions and for such term of not less than 3 years and not more than 5 years as the Minister may determine, and is eligible for re-appointment.
The Minister may appoint any person to be a temporary Chairperson, Deputy Chairperson or memberduring the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, Deputy Chairperson or any member, as the case may be.
The Minister may, at any time, revoke the appointment of the Chairperson, Deputy Chairperson or any member if the Minister considers such revocation necessary in the interest of the effective and economical performance of the functions of the Commission under this Act or in the public interest.
A member may resign from his or her office at any time by giving not less than one month’s notice to the Minister.
TheChairperson may,inwriting, authorise any member of the Commission to exercise any power or perform any function conferred on the Chairperson under this Act.
(a) dies; (b) fails to attend 3 consecutive meetings of the Commission without sufficient cause (the sufficiency of which is to be decided by the Commission); (c) becomes in any manner disqualified from membership of the Commission; (d) resigns his or her office; or (e) has his or her appointment revoked.
If a vacancy occurs in the membership of the Commission, the Minister may, subject to paragraph 1, appoint any person to fill the vacancy, and the person so appointed shall hold office for the remainder of the term for which the vacating member was appointed.
(a) is an undischarged bankrupt or has made any arrangement with his or her creditors; (b) has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unfit to discharge the functions of a member.
There are to be paid to the members of the Commission, out of the funds of the Commission, such salaries, fees and allowances as the Minister may determine.
The Commission may act despite any vacancy in its membership.
(a) of any vacancy in, or defect in the constitution of, the Commission; (b) of any defect in the appointment of any person acting as the Chairperson or as a member; or
(c) of any omission, defect or irregularity in the procedure of the Commission not affecting the merits of the case. [5/2018]
Neither the section 34 prohibition nor the section 47 prohibition applies to any undertaking entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly insofar as the prohibition would obstruct the performance, in law or in fact, of the particular tasks assigned to that undertaking.
(a) a particular agreement; or (b) any agreement of a particular description,
the Minister may by order exclude the agreement, or agreements of that description, from the section 34 prohibition.
(a) a particular agreement; or (b) any agreement of a particular description, the Minister may by order exclude the agreement, or agreements of that description, from the section 34 prohibition.
The section 34 prohibition and the section 47 prohibition do not apply to any agreement or conduct which relates to any goods or services to the extent to which any other written law, or code of practice issued under any written law, relating to competition gives another regulatory authority jurisdiction in the matter.
(a) the supply of ordinary letter and postcard services by a person licensed and regulated under the Postal Services Act 1999; (b) the supply of piped potable water; (c) the supply of wastewater management services, including the collection, treatment and disposal of wastewater; (d) the supply of bus services by a licensed bus operator under the Bus Services Industry Act 2015; (e) the supply of rail services by any person licensed and regulated under the Rapid Transit Systems Act 1995; and (f) cargo terminal operations carried out by a person licensed and regulated under the Maritime and Port Authority of Singapore Act 1996.
(a) the clearing and exchanging of articles undertaken by the Automated Clearing House established under the Banking (Clearing House) Regulations; or (b) any activity of the Singapore Clearing Houses Association in relation to its activities regarding the Automated Clearing House.
(a) improving production or distribution; or (b) promoting technical or economic progress, but which does not — (c) impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; or (d) afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question.
Thesection 34 prohibition and the section 47 prohibition do not apply to any agreement or conduct that is directly related and necessary to the implementation of a merger.
(a) approved by any Minister or regulatory authority (other than the Commission) pursuant to any requirement for such approval imposed by any written law; (b) approved by the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970 pursuant to any requirement for such approval imposed under any written law; or (c) under the jurisdiction of any regulatory authority (other than the Commission) under any written law relating to competition, or code of practice relating to competition issued under any written law.
The section 54 prohibition does not apply to any merger involving any undertaking relating to any specified activity as defined in paragraph 6(2) of the Third Schedule.
The section 54 prohibition does not apply to any merger if the economic efficiencies arising or that may arise from the merger outweigh the adverse effects due to the substantial lessening of competition in the relevant market in Singapore. [23/2007]
This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.
Bill : 44/2004 First Reading : 21 September 2004 Second and Third Readings : 19 October 2004 Commencement : 1 January 2005 (Parts I and II and the First and Second Schedules) 1 September 2005 (Part IV) 1 January 2006 (Divisions 1, 2, 3 and 5 of Part III and Parts V and VI and the Third Schedule)
Bill : 32/2005 First Reading : 17 October 2005 Second and Third Readings : 21 November 2005 Commencement : 1 January 2006
Commencement : 1 January 2006
Bill : 11/2007 First Reading : 9 April 2007 Second Reading : 21 May 2007 Notice of Amendments : 21 May 2007 Third Reading : 21 May 2007 Commencement : 1 January 2006 (section 23) 30 June 2007 (sections 8(1) and 24(1)) 1 July 2007 (except sections 8(1), 23 and 24(1))
Operation : 31 January 2006
(Amendments made by section 12 of the above Act) Bill : 26/2009 First Reading : 23 November 2009 Second and Third Readings : 12 January 2010 Commencement : 17 February 2010 (section 12)
(Amendments made by section 430 read with item 23 of the Sixth Schedule to the above Act) Bill : 11/2010 First Reading : 26 April 2010 Second Reading : 18 May 2010 Third Reading : 19 May 2010 Commencement : 2 January 2011 (section 430 read with item 23 of the Sixth Schedule)
(Amendments made by section 50 of the above Act) Bill : 26/2015 First Reading : 13 July 2015 Second and Third Readings : 18 August 2015 Commencement : 22 January 2016 (section 50)
(Amendments made by section 56 of the above Act) Bill : 45/2017 First Reading : 6 November 2017 Second Reading : 8 January 2018 Notice of Amendments : 8 January 2018 Third Reading : 8 January 2018 Commencement : 1 April 2018 (section 56)
(Amendments made by section 68 of the above Act) Bill : 3/2018 First Reading : 8 January 2018 Second and Third Readings : 5 February 2018 Commencement : 1 April 2018 (section 68)
Bill : 8/2018 First Reading : 27 February 2018 Second and Third Readings : 19 March 2018 Commencement : 16 May 2018
(Amendments made by section 28(1) read with item 26 of the Schedule to the above Act) Bill : 32/2019 First Reading : 7 October 2019 Second Reading : 5 November 2019 Notice of Amendments : 5 November 2019 Third Reading : 5 November 2019 Commencement : 2 January 2021 (section 28(1) read with item 26 of the Schedule)
(Amendments made by section 15(2) of the above Act) Bill : 45/2020 First Reading : 3 November 2020 Second and Third Readings : 5 January 2021 Commencement : 1 March 2021 (section 15(2))
Operation : 31 December 2021
(Amendments made by section 101 of the above Act) Bill : 18/2021 First Reading : 26 July 2021 Second and Third Readings : 14 September 2021 Commencement : 1 April 2022
This Act has undergone renumbering in the 2020 Revised Edition. This Comparative Table is provided to help readers locate the corresponding provisions in the last Revised Edition.
