Public Consultation on CCCS Guidance Note for Business Collaborations 2021

30 July 2021

Introduction

CCCS proposes to issue a Business Collaboration Guidance Note to enable businesses to work together with greater confidence by providing greater clarity on ways to collaborate without harming competition. The Business Collaboration Guidance Note will focus on six common types of collaborations, namely on: information sharing, joint production, joint commercialisation, joint purchasing, joint research & development, and standardisation. The note includes guidance on the assessment factors that CCCS would generally consider in determining whether a collaboration complies with section 34 of the Competition Act (Cap. 50B) (the “Competition Act”), when specific types of collaborations may give rise to competition concerns, and the conditions under which competition concerns are unlikely. The Business Collaboration Guidance Note also includes a short section each on cross-border collaborations and information for trade associations regarding their role in supporting collaborations amongst their members.

The CCCS is now seeking comments and views on the proposed Business Collaboration Guidance Note. This document includes questions for interested parties to consider and respond to.

Responding to this public consultation

CCCS welcomes responses to this consultation from all sources, including the business community, trade associations and chambers, law firms, consultancy firms, government agencies as well as members of the public. Individuals responding to the consultation should provide an indication of any organisation(s) or interest(s) they represent or are affiliated with.

The consultation period begins on 30 July 2021 and ends on 27 August 2021.

Please submit your response by way of the Public Consultation Feedback Form. Alternatively, you may submit your response via email to CCCS_Consultation@cccs.gov.sg.

We would be grateful if persons submitting responses via email could organise their submissions as follows:

  1. Cover page;
  2. Table of contents;
  3. Statement of interest;
  4. Summary of major points;
  5. Comments and responses to questions;
  6. Conclusion.

All submissions should be clearly and concisely written and should provide a reasoned explanation for proposed revisions to the Business Collaboration Guidance Note. Any supporting material for the submission sent may be annexed.

CCCS may publish a summary of the key comments to this consultation. Respondents may request that any part of the submission that they believe to be confidential or commercially sensitive be kept confidential.  Any such information should be clearly marked when sent to CCCS.

Next steps

Following this consultation, CCCS will review the responses provided and the amendments, if any, to be made to the Business Collaboration Guidance Note.

Consultation questions

In addition to inviting comments on the draft Business Collaboration Guidance Note itself, specific questions for the public consultation are set out below.

1. Are there other types of common collaborations that you think should be included in the Business Collaboration Guidance Note? If so, please state these collaborations and explain why they should be included.

2. Is there other information and guidance, including specific guidance to trade associations, that you think should be included in the Business Collaboration Guidance Note? If so, please state and explain why they should be included.

3. Are the examples and diagrams provided in the Business Collaboration Guidance Note sufficiently clear in providing guidance? If not, please highlight how they can be further improved.

4. What type of post-issuance collaterals and engagements would be useful to supplement and provide further guidance to businesses on business collaborations? What would be the most effective format of these collaterals and engagement?