Seek Guidance and Decision

An undertaking that applies for and receives guidance or a decision will have greater clarity on whether its agreement/conduct is infringing or is likely to infringe the Act.

If CCCS issues a guidance that infringement is unlikely (i.e. favourable guidance), we will take no further action in respect of the notified agreement or conduct, unless:

• We suspect there has been a material change of circumstance since we gave guidance

• We suspect that the information on which we based our guidance was incomplete, false or misleading

• There has been a complaint about the agreement or conduct

• One of the parties to the agreement applies to us for a decision in respect of the agreement, under section 44 of the Act

If CCCS issues a decision that there is no infringement (i.e. a favourable decision), we will take no further action in respect of the notified agreement or conduct unless:

• We believe that there has been a material change of circumstance since we gave our decision; or

• We suspect that the information on which we based our decision was incomplete, false or misleading

In the event that CCCS issues an unfavourable guidance or decision, the notifying undertaking is immune from financial penalties for infringing the section 34 prohibition during the period when CCCS was considering the matter. The undertaking will then be given a short period to comply with the Act. There is no financial immunity in respect to notifications of conduct that constitute an abuse of a dominant position (section 47).

Guidance informs an undertaking whether or not, in CCCS’s view, the agreement or conduct is likely to infringe the Competition Act. An application for guidance is usually treated confidentially, although we may consult with third parties if it helps us to deal with the application more effectively. 

A decision informs an undertaking whether or not, in CCCS’s view, the agreement or conduct does in fact infringe the Competition Act. CCCS does not afford the same level of confidentiality to applications for decision as it does for applications for guidance. In particular, once an application for decision is made, a summary of the details of the application (which will be submitted by the applicant) must be included in the Public Register.

You will note that there are fewer instances under which CCCS is allowed to take action after a favourable decision, as opposed to a favourable guidance (see “Benefit from getting guidance or decision”). You will also note that the filing fee is expected to be higher for decisions than guidance (see “How much does it cost?”). This reflect the greater extent of detailed analysis required to determine the outcome.

A fee is payable with the notification for guidance or notification for decision relating to an agreement or conduct. In cases where there isn't a real concern of potential infringement of the Act, CCCS has the discretion to determine the application by not giving guidance or making a decision. The fee will usually be refunded in such circumstances.

You can apply for guidance or decision by filling out Form 1 and submitting it to us along with the initial fee. We may then ask you to fill in Form 2, if we believe it is necessary for determining the application. 

You can submit Form 2 together with Form 1, if you anticipate that we will need it. This will speed up the process.

If you do submit Form 2, we may, within two months of receiving Form 2, specify a time frame within which you must pay us a further fee (refer to "How much does it cost?") over and above the initial fee. This fee will only be levied if we believe that the application requires significant analysis. You can decide not to pay it, in which case we may then refuse to give guidance or a decision.

For more information, read our Guidelines on Notifications for Guidance or Decision 2016. For details on how to fill out Form 1 and Form 2, read the Competition Regulations.

You must make reasonable efforts to notify the other parties to the agreement or conduct that you are applying to us for guidance or decision. You can do this before you apply to us or within 7 working days from the date of application.

Completed form(s) must be submitted to CCCS in both hard and soft copies (stored in CD-Rom) together with details of the electronic bank transfer or a cheque with the relevant amount. You should submit them on weekdays from 0900 hrs to 1700 hrs (except on Public Holidays). All cheques should be crossed and made payable to the “Competition and Consumer Commission of Singapore”.

The address is provided below:
Application for Guidance/Decision*
Competition and Consumer Commission of Singapore
45 Maxwell Road 
The URA Centre, #09-01
Singapore 069118
(* delete as applicable)

Please note that we may refuse to accept an application if it is not substantially in the prescribed form or if it does not comply with any requirement under the Act or the regulations. In such a situation, the application is treated as not having been made. We may also request for further information, over and above that required in Form 1 or Form 2, to help us in our determination.