CCS Consults on Proposed Changes to the Competition Act

(View Media Release in PDF)

1.       The Competition Commission of Singapore (“CCS”) is seeking feedback on proposed changes to the Competition Act (Cap. 50B) (“the Act”)^[1]. The Act strives to level the playing field amongst businesses, promote innovation and productivity, which in turn benefits the Singapore economy, businesses and consumers. The proposed changes to the Act have been introduced after taking into account CCS’s practical experience in enforcing the Act.

2.       The key aims of the amendments are to provide CCS with appropriate enforcement tools in line with international best practices and to streamline existing processes.

3.       The proposed changes seek to:

(a) codify the process of providing confidential advice to businesses for anticipated mergers, which already exists under the CCS Guidelines on Merger Procedures 2012;

(b) enable businesses under investigation to offer legally binding commitments to address any anti-competitive conduct involving sections 34 and 47 of the Act in a timely manner; and

(c) enable CCS’s evidence-gathering and investigation process to be more efficient and effective, which will minimise any potential disruption to businesses.

4.       The proposed amendments seek to provide more certainty to businesses and stakeholders by providing for confidential advice for anticipated mergers under the Act and allowing businesses under investigation to provide legally binding commitments for anti-competitive conduct relating to sections 34 and 47 so as to address and resolve the competition concerns arising from the conduct. The streamlining and simplification of the interview process during an inspection will allow CCS to conduct its inspections in a more efficient manner, minimising any potential disruption to businesses.

Public Feedback

5.       The consultation documents can be downloaded from the CCS website under the section "Public Register and Consultation" and the Government Online Consultation Portal at REACH.

6.       The closing date for submission is 11 January 2018. Full details relating to the manner of response are included in the consultation document.

About The Competition Commission of Singapore

7.       CCS is a statutory board established under the Act on 1 January 2005 to administer and enforce the Act. It comes under the purview of the Ministry of Trade and Industry. The Act empowers CCS to investigate alleged anti-competitive activities, determine if such activities infringe the Act and impose suitable remedies, directions and financial penalties.

For more information, please visit www.ccs.gov.sg.

^[1] https://www.ccs.gov.sg/anti-competitive-practices/legislation-and-guidelines/competition-act-guidelines/