Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Following paragraph 9 of the Third Schedule, Section 34 does not apply to agreements which contribute to economic progress without imposing restrictions which are not indispensable or giving the undertakings the possibility of eliminating competition. Parties may notify their agreements for decision or guidance (Section 43 et seq.). The Minister may also issue block exemption orders on recommendat …

Exemptions

Agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or effect the appreciable prevention, restriction or distortion of competition within Singapore will fall within the scope of the Section 34 prohibition.

Agreements involving price-fixing, bid-rigging, market sharing or output limitation are considered per se to have an appreciable effect on competition and classified as “restrictions by object” (see pt. 2.24 of the CCS's Guidelines on the Section 34 Prohibition of December 2016). However, in a case involving financial advisers (Case No 500/003/13 of 17 March 2016), the CCCS applied the concept of “restriction by object” to pressure imposed on a competitor to withdraw an offer from the market, a behavior not typically considered as constituting a cartel. Section 34 does not apply to any vertical agreement other than specified by the Minister's order.

Section 34(2) of the Act provides an illustrative but not exhaustive list of agreements which may be prohibited. These include:

- agreements which directly or indirectly fix purchase or selling prices or any other trading conditions;

- agreements which limit or control production, markets, technical development or investment;

- agreements which share markets or sources of supply;

- agreements which apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or

- agreements which make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

On 28 December 2021, the CCCS issued the Business Collaboration Guidance Note which aims to clarify the scope of the prohibition regarding information sharing, joint production, joint commercialization, joint purchasing, research & development, standards development and standard terms and conditions in contracts. It stresses that undertakings can seek guidance or decisions from the CCCS itself on any plans for collaborations with other undertakings. 

The prohibition

Following paragraph 9 of the Third Schedule, Section 34 does not apply to agreements which contribute to economic progress without imposing restrictions which are not indispensable or giving the undertakings the possibility of eliminating competition. Parties may notify their agreements for decision or guidance (Section 43 et seq.). The Minister may also issue block exemption orders on recommendation of the Competition and Consumer Commission (See Competition (Block Exemption for Liner Shipping Agreements) Order 2015).

The Minister for Trade and Industry has renewed the Competition Order (block exemption for liner shipping agreements) for a period of five years from 1 January 2025, to 31 December 2029.

Global Competition Law

1221. Exemptions

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Les notions juridiques connexes

1221. Exemptions

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise