Competition (Exclusion of Air Shuttle Service Agreement) Order 2007

No. S 497

Competition Act

(Chapter 50B)

Competition (Exclusion of Air Shuttle Service Agreement) Order 2007

WHEREAS, by an international arrangement made on 23rd August 1982, the Government of Malaysia and the Government of Singapore allowed Malaysian Airline System Berhad and Singapore Airlines Limited to collaborate in operating an air shuttle service between Kuala Lumpur and Singapore (hereinafter referred to as “the Air Shuttle Service International Arrangement”);

And whereas Malaysian Airline System Berhad and Singapore Airlines Limited have, pursuant to the Air Shuttle Service International Arrangement, entered into a series of agreements to collaborate in operating an air shuttle service between Kuala Lumpur and Singapore;

And whereas the Minister for Trade and Industry is satisfied that, in order to avoid a conflict between the Air Shuttle Service International Arrangement and Part III of the Act, it would be appropriate for the section 34 prohibition not to apply to the said agreements;

NOW THEREFORE, in exercise of the powers conferred by paragraph 3 of the Third Schedule to the Act, the Minister for Trade and Industry hereby makes the following Order:

Citation

1. This Order may be cited as the Competition (Exclusion of Air Shuttle Service Agreement) Order 2007.

Definitions

2. In this Order, unless the context otherwise requires —

“Air Shuttle Service International Arrangement” means the arrangement made on 23rd August 1982 between the Government of Malaysia and the Government of Singapore allowing Malaysian Airline System Berhad and Singapore Airlines Limited to collaborate in operating an air shuttle service between Kuala Lumpur and Singapore, and includes any other agreement or arrangement between the governments or the aeronautical authorities of Malaysia and Singapore arising therefrom or relating thereto;

“Air Shuttle Service Operation Agreement” means the agreement made on 26th January 1995 between Malaysian Airline System Berhad and Singapore Airlines Limited to operate an air shuttle service between Kuala Lumpur and Singapore, and known as the “MAS/SIA Shuttle Operation Agreement”, including any arrangement or understanding between Malaysian Airline System Berhad and Singapore Airlines Limited made pursuant to terms of that agreement as well as any other arrangement or understanding necessary for the effective implementation of that agreement.

Designation of international arrangement relating to civil aviation

3. The Air Shuttle Service International Arrangement is hereby designated to be treated as an international obligation for the purposes of paragraph 3 of the Third Schedule to the Act.

Exclusion of agreement from section 34 prohibition

4. The Air Shuttle Service Operation Agreement is hereby excluded from the section 34 prohibition and the section 34 prohibition shall be deemed never to have applied in relation to the Air Shuttle Service Operation Agreement.

Made this 25th day of September 2007.

PETER ONG

Permanent Secretary,
Ministry of Trade and Industry,
Singapore.

[MTI 74/1-1-6 V1; AG/LEG/SL/50B/2005/10 Vol. 1]

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