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Competition Act & Government agencies

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  1. 1. How can government agencies approach CCCS for advice regarding competition matters?

    CCCS is the adviser to Government and other public agencies on national policies in respect of competition matters generally. In this regard, CCCS receives requests for advice on a wide range of competition issues, including the impact of government policies on competition in the affected markets, the structure of public procurement to encourage greater competition between suppliers, and the supply of goods and services by the government, and government divestments. 

    Government agencies which require assistance on competition-related matters are encouraged to contact the CCCS. Queries can be directed through our general hotline: 1800-325 8282 or via email to cccs_feedback@cccs.gov.sg. Information provided for the purpose of the advisories will be kept confidential.

    Government agencies may wish to refer to Government and Competition: A Toolkit for Government Agencies for more information on CCCS's government advisory process. Government agencies are encouraged to approach the CCCS early during their policy formulation process so that CCCS can provide its advice in a timely manner.

  2. 2. What would CCCS’s advice regarding competition matters entail?

    CCCS's inputs will generally be limited to the competition assessment of the proposed policy and where possible, helping to identify ways to alleviate these competition concerns. The government agencies seeking inputs will then be able to weigh the CCCS's advice on competition issues against any other relevant policy considerations in their policy-formulation process.

  3. 3. Would CCCS consult third parties in its assessment of the competition matters arising from the government policies?

    As policy formulation may be confidential, the CCCS will generally not ask for information from, or consult with, private third parties without the consent of the requesting government agency. The relevance and usefulness of CCCS's inputs will therefore depend critically on the currency and extent of the information provided by the requesting government agency.

  4. 4. What are the other services that CCCS provides for government agencies?

    CCCS conducts regular presentations on the Competition Act and training sessions on specific areas of interest such as bid-rigging detection and prevention. CCCS also collaborates with government agencies to study specific markets with possible competition concerns, and research on competition-related topics.

    Government agencies with specific needs or areas of interest can contact the CCCS through our general hotline: 1800-325 8282 or via email to cccs_feedback@cccs.gov.sg.

  5. 5. Are government agencies subject to the Competition Act?

    Section 33(4) of the Competition Act ("Act") provides that the Act shall not apply to any activity carried on by, any agreement entered into or any conduct on part of (a) Government; (b) statutory body; or (c) any person acting on behalf of the Government or that statutory body, as the case may be, in relation to the activity, agreement or conduct.

    Accordingly, the activities, agreements and conduct of the Government and statutory bodies are generally excluded from the Act. The reason for the exclusion is because the intent of competition law is to regulate conduct of market players, and not the Government and statutory bodies that perform public and statutory functions.

    In relation to whether a person is acting on behalf of the Government or a statutory body so as to fall within the exclusion of section 33(4)(c), a case-by-case assessment would have to be made based on the facts of the case. It should be noted that a mere approval by a public authority is insufficient for this purpose. Notwithstanding the above, CCCS encourages government agencies to carefully assess the competition impact of their policies or initiatives on the affected markets as part of their policy formulation process. CCCS provides assistance to government agencies in this regard.  (Please see Q16.1 - provide link)

  6. 6. Are state-owned enterprises subject to the Competition Act?

    Yes, generally the Act will apply to commercial and economic activities carried on by private sector entities in all sectors, regardless of whether they are owned by the Singapore Government. These include government-linked companies or private limited companies where the Singapore Government or its statutory boards are shareholders.

  7. 7. How does CCCS work with the existing sectoral regulators?

    The Act applies to commercial and economic activities carried on by private sector entities in all sectors, other than matters or mergers excluded as specified in the Third and Fourth Schedules of the Act.

    The sectors/activities listed below are excluded under the Third and Fourth Schedules and are under the mandate of the respective sectoral regulators:

     

    Sector/Activity

    Sectoral Regulator

    1

    Electricity and gas sectors regulated under the Electricity Act (Cap. 89A) and the Gas Act (Cap. 116A)

     

    Energy Market Authority (EMA)

     

    EMA Enquiries/Feedback: https://www.ema.gov.sg/feedback.aspx or email ema_enquiry@ema.gov.sg

     

    2

    Provision of regulated telecommunication services by licensees

     

    Infocomm Media Development Authority of Singapore (IMDA)

     

    IMDA Enquiries/Feedback: https://www.imda.gov.sg/feedback  or email info@imda.gov.sg

     

    3

    Commercial activities by regulated persons gazetted under s16(3) of the Media Development Authority of Singapore Act (Cap. 172)

     

    Infocomm Media Development Authority of Singapore (IMDA)

     

    IMDA Feedback: https://www.imda.gov.sg/feedback  or email info@imda.gov.sg

     

    4

    Supply of armed security services by an auxiliary police force formed pursuant to the Police Force Act (Cap. 235).

     

    Ministry of Home Affairs/Singapore Police Force (MHA/SPF)

     

    MHA Feedback: https://www.mha.gov.sg/Pages/feedback.aspx

     

    5

    Supply of ordinary letter and postcard services by a person licensed and regulated under the Postal Services Act (Cap. 237A)

     

    Infocomm Media Development Authority of Singapore (IMDA)

     

    IMDA Enquiries/Feedback: https://www.imda.gov.sg/feedback or email info@imda.gov.sg

     

    6

    Supply of piped potable water

     

    Public Utilities Board (PUB) and National Environment Agency (NEA)

     

    NEA Feedback: http://www.nea.gov.sg/corporate-functions/feedback

     

    PUB Feedback: https://app.pub.gov.sg/feedback2/home/website_feedback.aspx

     

    7

    Supply of wastewater management services, including the collection, treatment and disposal of wastewater

     

    Public Utilities Board (PUB) and National Environment Agency (NEA)

     

    NEA Feedback: http://www.nea.gov.sg/corporate-functions/feedback

     

    PUB Feedback: https://app.pub.gov.sg/feedback2/home/website_feedback.aspx

     

    8

    Public Transport:

    a) Supply of scheduled bus services by any person licensed and regulated under the Public Transport Council Act (Cap. 259B)

     

    b) Supply of rail services by any person licensed and regulated under the Rapid Transit Systems Act (Cap. 263A)

     

    Land Transport Authority (LTA) and the Public Transport Council (PTC)

     

    LTA Feedback: https://www.lta.gov.sg/feedback/

     

    PTC Email: ptc_office@ptc.gov.sg

     

    9

    Cargo terminal operations carried out by a person licensed and regulated under the Maritime and Port Authority of Singapore Act (Cap. 170A)

     

    Maritime and Port Authority of Singapore (MPA)

     

    MPA Feedback: http://www.mpa.gov.sg/web/portal/home/feedback

     

    10

    Clearing and exchanging of articles undertaken by the Automated Clearing House (ACH) established under the Banking (Clearing House) Regulations (Cap. 19, Rg 1)

    Activities of the Singapore Clearing Houses Association (SCHA) in relation to its activities regarding the ACH

     

     

    Monetary Authority of Singapore (MAS)

     

    MAS Feedback: http://www.mas.gov.sg/feedback.aspx 

     

    11

    Mergers and acquisitions (M&As) approved under any written law; or any code of practice issued under any written law relating to competition

    M&As involving any undertaking relating to any specified activity as defined in paragraph 6(2) of the Third Schedule

    Respective sector regulators

     

    Cross-sectoral competition issues will be dealt with by CCCS in consultation with the sector regulators. CCCS will work closely with the relevant sector regulators to address any administrative or regulatory issues. The agency that is best placed to investigate the alleged anti-competitive conduct and impose necessary remedies will usually be the lead agency.

    In addition, CCCS facilitates the Community of Practice for Competition and Economic Regulations (COPCOMER). COPCOMER serves as a platform for CCCS and participating sector regulators to share experiences and exchange ideas on competition and regulatory issues. COPCOMER activities include seminars on competition and regulatory topics and a quarterly newsletter on interesting overseas developments in this area. Government officers who are interested to join COPCOMER activities are encouraged to contact CCCS through our general hotline: 1800-325 8282 or via email to cccs_feedback@cccs.gov.sg.

  8. 8. What is COPCOMER? Can I join in its activities?

    COPCOMER stands for Community of Practice for Competition and Economic Regulations. COPCOMER serves as a platform for CCCS and participating sector regulators to share experiences and exchange ideas on competition and regulatory issues. COPCOMER activities include seminars on competition and regulatory topics and a quarterly newsletter on interesting overseas developments in this area. Government officers who are interested to join COPCOMER activities are encouraged to contact CCCS through our general hotline: 1800-325 8282 or via email to cccs_feedback@cccs.gov.sg.

If you are unable to find an answer to your query, please submit your Feedback to let us know how we can help you.

Updated Date

Last Updated on 04 May 2015