Competition Act - Singapore Statutes Online

Competition Act

(CHAPTER 50B)

(Original Enactment: Act 46 of 2004)

REVISED EDITION 2006

(31st January 2006)

An Act to make provision about competition and the abuse of a dominant position in the market; and to establish the Competition Commission of Singapore, to provide for its functions and powers and for matters connected therewith.

[1st January 2005: Parts I and II and First and Second Schedules ;

1st September 2005: Part IV ;

Parts III (except Division 4)¹, V and VI and Third Schedule

¹Division 4 of Part III and the Fourth Schedule were repealed by Act 23 of 2007 on 30th June 2007. New Divisions 4 and 4A of Part III and the new Fourth Schedule were inserted by Act 23 of 2007 and were brought into operation on 1st January 20061st July 2007

]

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Competition Act.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 54(2);

[23/2007 wef 01/07/2007]

“block exemption” has the meaning assigned to it in section 36(5);

“block exemption order” has the meaning assigned to it in section 36(3);

“Board” means the Competition Appeal Board established under section 72;

“Chairman” means the Chairman of the Commission and includes any temporary Chairman of the Commission;

“Chief Executive” means the Chief Executive of the Commission appointed under section 10 and includes any person acting in that capacity;

“Commission” means the Competition Commission of Singapore established under section 3;

“Deputy Chairman” means the Deputy Chairman of the Commission and includes any temporary Deputy Chairman of the Commission;

“document” includes information recorded in any form;

“goods” includes —

(a)	buildings and other structures;
(b)	ships, aircraft and hovercraft;
(c)	gas and electricity; and
(d)	choses in action;

“information” includes estimates and forecasts;

“inspector” means an inspector appointed by the Commission to conduct any investigation under section 62;

“investigating officer” has the meaning assigned to it in section 64(1);

“member” means a member of the Commission;

“party involved in a merger” means a person or an undertaking specified in section 54(2) and includes the merged entity;

[23/2007 wef 01/07/2007]

“party to an anticipated merger” means a person or an undertaking which would be a person or an undertaking specified in section 54(2) if the anticipated merger were carried into effect;

[23/2007 wef 01/07/2007]

“person” includes any undertaking;

“premises” does not include domestic premises unless —

(a)	they are used in connection with the affairs of an undertaking; or
(b)	documents relating to the affairs of an undertaking are kept there,

but includes any vehicle;

“public interest consideration” means national or public security, defence and such other considerations as the Minister may, by order published in the Gazette, prescribe;

“section 34 prohibition” means the prohibition referred to in section 34(1);

“section 47 prohibition” means the prohibition referred to in section 47(1);

“section 54 prohibition” means the prohibition referred to in section 54(1);

“service” means a service of any description whether industrial, trade, professional or otherwise;

“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.

(2) The fact that to a limited extent the section 34 prohibition does not apply to an agreement, because of an exclusion provided by or under this Act, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

(3) For the purposes of this Act, the power to require information, in relation to information recorded otherwise than in a legible form, includes the power to require a copy of it in a legible form.

(4) Any power conferred on any person by this Act to require information includes the power to require any document which he believes may contain that information.

[Canada Competition, ss. 2 (1) and 91; UK Competition 1998, s. 59 (1), (2) to (4); UK Enterprise 2002, s. 232 (2)]

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