No. S 422
Competition Act
(Chapter 50B)
Competition
(Amendment) Regulations 2006
In exercise of the powers conferred by section 93 of the Competition Act, the Competition Commission of Singapore, with the approval of the Minister for Trade and Industry, hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Competition (Amendment) Regulations 2006 and shall come into operation on 14th July 2006.
New Part VA
2.  The Competition Regulations 2005 (G.N. No. S 866/2005) are amended by inserting, immediately after regulation 17, the following Part:
PART VA
BLOCK EXEMPTIONS
Proposed cancellation of block exemption
17A.—(1)  If the Commission proposes to make a decision for or in relation to the cancellation of a block exemption in respect of an agreement —
(a)the Commission shall give notice of this; and
(b)the provisions of regulation 17B shall apply.
(2)  The notice referred to in paragraph (1)(a) shall be given to each person whom the Commission considers is or was a party to the agreement.
Notices, access to file and representations
17B.—(1)  Every notice shall state —
(a)the facts on which the Commission relies and its reasons for the proposed decision;
(b)the period within which a relevant person may make written representations to the Commission identifying the information contained in the notice which that relevant person considers the Commission should treat as confidential information and explaining why he considers the Commission should treat such information as confidential information; and
(c)the period within which a relevant person may make written representations to the Commission on the matters referred to in the notice.
(2)  The Commission shall give a relevant person a reasonable opportunity to inspect the documents in the Commission’s file that relate to the matters referred to in the notice given to that relevant person, except that the Commission may withhold any document —
(a)to the extent that it contains confidential information; or
(b)which is an internal document.
(3)  Where, in written representations on the matters referred to in a notice given to a relevant person, that relevant person requests to make oral representations to the Commission on such matters, the Commission may give that relevant person a reasonable opportunity to make such oral representations.
(4)  Where, upon the expiry of the period referred to in paragraph (1)(c), no written representations on the matters referred to in a notice given to a relevant person have been made by that relevant person, the Commission may proceed with its proposed decision in the absence of such representations.
(5)  Where the Commission has given a relevant person a reasonable opportunity to make oral representations under paragraph (3) but no oral representations have been made, the Commission may proceed with its proposed decision in the absence of such representations.
(6)  Nothing in paragraph (1)(b) shall be construed as restricting the application of regulation 29 (1) and (2).
(7)  In this regulation —
“notice” means a notice that the Commission is required to give under regulation 17A;
“proposed decision” means a proposed decision for or in relation to the cancellation of a block exemption in respect of an agreement;
“relevant person” means a person to whom notice is required to be given under regulation 17A.
Notice of cancellation of block exemption
17C.  Where the Commission has made a decision for or in relation to the cancellation of a block exemption in respect of an agreement, it shall —
(a)give notice of the decision to each person whom the Commission considers is or was a party to the agreement, stating the facts on which the Commission relies and the Commission’s reasons for making the decision; and
(b)publish the decision.”.
Amendment of regulation 27
3.  Regulation 27 of the Competition Regulations 2005 is amended by deleting paragraph (2) and substituting the following paragraph:
(2)  Where —
(a)the Commission has taken all reasonable steps to give notice to the persons under regulation 11, 13 (1)(a) or (2), 17A or 17C (a) but has been unable to give such notice or in the Commission’s opinion there is doubt that it has been able to give such notice; or
(b)there are no reasonable steps that can be taken by the Commission to give notice to the persons under regulation 11, 13 (1)(a) or (2), 17A or 17C (a),
the Commission may, instead, take one or both of the steps specified in paragraph (3).”.

Made this 12th day of July 2006.

LAM CHUAN LEONG
Chairman,
Competition Commission of Singapore.
[MTI 74/3-2-8 V1; AG/LEG/SL/50B/2005/3 Vol. 1]