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

  Section 47 prohibits conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in any market in Singapore, unless such conduct falls within the exclusion in the Third Schedule. While the Section 47 prohibition does not prohibit undertakings from having a dominant position or striving to achieve it by offering cheaper or more innovative products, conduct th …

Abuse of a dominant position

  Section 47 prohibits conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in any market in Singapore, unless such conduct falls within the exclusion in the Third Schedule. While the Section 47 prohibition does not prohibit undertakings from having a dominant position or striving to achieve it by offering cheaper or more innovative products, conduct that protects, enhances or perpetuates the dominant position in ways unrelated to competitive merit is prohibited.

Section 47(2) of the Act provides an illustrative but not exhaustive list of abuses of a dominant position:

- predatory behavior towards competitors;

- limiting production, markets, or technical development to the prejudice of consumers;

- applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;

- and making 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 the contracts.

Although the Act does not define the concept of dominant position, the CCCS deems that a market leader is likely to be dominant when one or more of the following factors are satisfied: it has a market share of 60% and above; there are few or no competitors on the market; the customers do not have significant bargaining power; newcomers find it difficult to enter the market for instance because of high capital costs or technological barriers (for further details, practitioners should refer to the Competition and Consumer Commission's Guidelines on the Section 47 Prohibition of November 2016 and the Guidelines on Market Definition of June 2007).

Since January 2021, the CCCS has only issued one infringement decision regarding the Section 47 prohibition of abuse of a dominant position. 

Global Competition Law

1222. Abuse of a dominant position

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Les notions juridiques connexes

1222. Abuse of a dominant position

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