Singapore (July 1, 2007)
From AntitrustWorldWiki
Score = 14
Governed by: No. 46 Competition Act of 2004[1] (hereinafter referred to as “Competition Act”).[2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Section 33 states that the Competition Act’s prohibitions extend to agreements and activity made outside the country. |
| Remedies | Fines | 1 | Section 83 provides for a general penalty of up to $10,000, though other provisions specify higher amounts |
| Prison Sentences | 1 | Section 83 allows imprisonment for 12 months | |
| Divestitures | 1 | Section 69(2) allows divestiture of improper mergers. | |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 1 | Section 86 gives any person affected by anti-competitive actions a right of action for relief in civil proceedings | |
| 3rd Party Rights in Proceedings | 1 | Section 71(1) gives any party affected by a Commission ruling the right to appeal. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Section 54 prohibits mergers that have the effect of lessening competition | |
| Public Interest (Pro D) | 1 | Section 58(3) enables commission to allow otherwise impermissible merger on public interest grounds. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Section 47(2)(b) prohibits limiting production |
| Abusive Acts | 1 | Section 47 prohibits abusive acts by dominant firm | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Section 47(2)(c) prohibits price discrimination | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Section 1 of the Third Schedule states that Section 47 prohibitions do not apply to “any undertaking entrusted with the operation of services of general economic interest” | |
| Restrictive Trade Practices | Price Fixing | 1 | Section 34(2)(a) prohibits price fixing. |
| Tying | 1 | Section 34(2)(c) prohibits tying. | |
| Market Division | 0 | ||
| Output Restraint | 1 | Section 34(2)(b) prohibits the limit or control of production | |
| Market Sharing | 1 | Section 34(2)(c) prohibits market sharing | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Section 41 allows for “block exemptions” of agreements that improve production or development and that promote economic or technical progress; Also, Section 9 of the Third Schedule states that “Section 34 prohibition shall not apply to any agreement which contributes to improving production or distribution; or promoting technical or economic progress” |
[edit] References
- ↑ Enacted January 1, 2005, but relevant substantive provisions weren’t enacted until January 1, 2006, and merger prohibitions will not come into affect until July 1, 2007; see: http://www.ccs.gov.sg/Legislation/CompetitionAct/index.html
- ↑ http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_legdisp.pl?actno=2004-ACT-46-N&doctitle=COMPETITION%20ACT%202004%0A&date=latest&method=part
