Singapore (July 1, 2007)

Score = 14

Governed by: No. 46 Competition Act of 2004 (hereinafter referred to as “Competition Act”).

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
	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”