Competition Act 2004 - Singapore Statutes Online

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Competition Act 2004

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

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

[10/2018]

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

1 September 2005: Part IV ;

1 January 2006: Divisions 1, 2, 3 and 5 of Part III and Parts V and VI and the Third Schedule ]

PART 1

PRELIMINARY

Short title

1. This Act is the Competition Act 2004.

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);

“block exemption” has the meaning given by section 36(5);

“block exemption order” has the meaning given by section 36(3);

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

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

“Chief Executive” means the Chief Executive of the Commission, and includes any individual acting in that capacity;

“Commission” means the Competition and Consumer Commission of Singapore established by section 3;

“Deputy Chairperson” means the Deputy Chairperson of the Commission and includes any temporary Deputy Chairperson 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 given by 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;

“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;

“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 any other considerations that the Minister may, by order 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.

[23/2007; 5/2018; 10/2018]

(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 the person believes may contain that information.

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