Application of Part
33.—(1)  Despite the fact that —
(a)an agreement referred to in section 34 has been entered into outside Singapore;
(b)any party to such agreement is outside Singapore;
(c)any undertaking abusing the dominant position referred to in section 47 is outside Singapore;
(d)an anticipated merger will be carried into effect outside Singapore;
(e)a merger referred to in section 54 has taken place outside Singapore;
(f)any party to an anticipated merger or any party involved in a merger is outside Singapore; or
(g)any other matter, practice or action arising out of such agreement, such dominant position, an anticipated merger or a merger is outside Singapore,
this Part applies to such party, agreement, abuse of dominant position, anticipated merger or merger if (as the case may be) —
(h)such agreement infringes or has infringed the section 34 prohibition;
(i)such abuse infringes or has infringed the section 47 prohibition;
(j)such anticipated merger, if carried into effect, will infringe the section 54 prohibition; or
(k)such merger infringes or has infringed the section 54 prohibition.
[23/2007]
(2)  Insofar as this Part applies to an industry or a sector of industry that is subject to the regulation and control of another regulatory authority —
(a)the exercise of powers by that other regulatory authority must not be construed as derogating from the exercise of powers by the Commission; and
(b)the exercise of powers by the Commission must not be construed as derogating from the exercise of powers by that other regulatory authority.
(3)  The Minister may make regulations for the purpose of coordinating the exercise of powers by the Commission under this Part and the exercise of powers by any other regulatory authority referred to in subsection (2), and may, in particular, make regulations to provide for the procedure to be followed —
(a)in determining in a particular case or category of cases whether the Commission should exercise its powers under this Part or the other regulatory authority should exercise its powers; and
(b)where the Commission and the other regulatory authority may exercise their respective powers concurrently or conjunctively.
(4)  Nothing in this Part applies to any activity carried on by, any agreement entered into or any conduct on the part of —
(a)the Government;
(b)any statutory body; or
(c)any person acting on behalf of the Government or that statutory body (as the case may be) in relation to that activity, agreement or conduct.
(5)  Despite subsection (4), this Part applies to —
(a)such statutory body or person acting on behalf of such statutory body; or
(b)such activity carried on, agreement entered into or conduct engaged in, by a statutory body or person acting on behalf of the statutory body in relation to such activity, agreement or conduct,
as the Minister may, by order in the Gazette, prescribe.
(6)  In this section, “statutory body” means a body corporate established by or under any written law.