What are the specific areas of exclusion and exemption?

The Competition Act provides for certain exclusions/ exemptions as follows:

Applicable prohibition(s) Exclusions/ Exemptions
Section 34 prohibition
  • Vertical agreements
  • Agreements with net economic benefits
  • Agreements which fall within the scope of block exemptions ordered by the Minister
Section 34 and Section 47 prohibitions
  • Undertaking entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly
  • Agreements/ conduct made in order to comply with requirements imposed by or under any written law
  • Agreements/ conduct which are necessary to avoid conflict with international obligations of Singapore, and so ordered by the Minister
  • Agreements/ conduct made on grounds of public policy, and so ordered by the Minister
  • Agreements/ conduct which relate to any goods and services regulated by other competition law (e.g. telecommunications, electricity, gas, media)
  • Activities of clearing houses
  • Agreement/ conduct directly related and necessary to the implementation of a merger
  • Agreement/ conduct that results in a merger
Section 54 prohibition
  • Mergers approved by the Minister or any regulatory authority under any written law
  • Mergers under the jurisdiction of any other regulatory authority under any written law relating to competition, or code of practice relating to competition issued under any written law
  • Mergers with net economic efficiencies
  • Mergers exempted upon application to the Minister on grounds of public interest considerations
Section 34, Section 47 and Section 54 prohibitions Specified activities covering:

  • Supply of ordinary letter and postcard services
  • Supply of piped potable water
  • Supply of wastewater management services
  • Supply of scheduled bus services
  • Supply of rail services
  • Cargo terminal operations