Published by Authority

NO. 44]Friday, November 19 [2004

The following Act was passed by Parliament on 19th October 2004 and assented to by the President on 4th November 2004:—
Competition Act 2004

(No. 46 of 2004)

I assent.

4th November 2004.
Date of Commencement: 1st January 2005 Parts I and II of, and the First and Second Schedules)
Date of Commencement: 1st September 2005 Part IV
Date of Commencement: 1st January 2006 (Divisions 1, 2, 3 and 5 of Part III, Parts V and VI, Third Schedule)
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.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Competition Act 2004 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
2.—(1)  In this Act, unless the context otherwise requires —
“appointed day” means —
(a)in relation to this Act, the date of commencement of this Act; and
(b)in relation to a particular provision of this Act, the date of commencement of that particular provision;
“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;
“merger” means the acquisition or establishment, direct or indirect, by one or more persons or undertakings, whether by purchase or lease of shares or assets, by amalgamation or by combination or otherwise, of control over the whole or a part of a business of a competitor, supplier, customer or other undertaking;
“party involved in a merger” includes the merged entity;
“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.