CPL 2 - Anti-competitive Agreement
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Questions and Answers

What was a significant aim of the modern competition law established in the 1890s?

  • To outlaw the restriction of competition by large companies. (correct)
  • To eliminate small businesses through aggressive competition.
  • To regulate prices independently without federal oversight.
  • To promote government cooperation with large corporations.
  • Which modern communication methods are commonly associated with cartel evidence collection?

  • Traditional phone calls and mail correspondence.
  • Face-to-face meetings and fax machines.
  • Emails and messaging apps. (correct)
  • Public forums and conferences.
  • What is a key difference between agreements under competition law and contract law?

  • Agreements under competition law need not be formal or written. (correct)
  • Contract law agreements are more flexible in nature.
  • Competition law agreements always involve consideration.
  • Competition law requires formal written agreements.
  • What is one of the main elements identified under the Section 34 prohibition?

    <p>Agreements or concerted practices. (D)</p> Signup and view all the answers

    How can cartel agreements be characterized according to competition law?

    <p>They are frequently vague and informal. (B)</p> Signup and view all the answers

    What does Section 34 of the Competition Act address specifically?

    <p>Behavioral prohibitions against anti-competitive agreements. (C)</p> Signup and view all the answers

    What term is commonly used to describe the secret gatherings of executives involved in cartels?

    <p>Smoke-filled rooms. (C)</p> Signup and view all the answers

    Which behavior is classified as hardcore conduct that restricts competition?

    <p>Agreements to fix purchase or selling prices (D)</p> Signup and view all the answers

    What is the primary characteristic of collusive behavior in a market?

    <p>Meeting of minds on market actions without express agreement (D)</p> Signup and view all the answers

    What must be proven for an agreement to infringe the Section 34 prohibition?

    <p>An objective of restricting competition (A)</p> Signup and view all the answers

    Which of the following best represents an aspect of buy-effect restrictions?

    <p>Agreements between buyers to set prices paid to suppliers (A)</p> Signup and view all the answers

    Which type of agreement involves firms collaborating on bids for contracts?

    <p>Bid rigging (B)</p> Signup and view all the answers

    What is the primary intent behind hardcore restrictions like price-fixing?

    <p>To limit competition and manipulate market prices (D)</p> Signup and view all the answers

    In terms of market behavior, what does output limitation refer to?

    <p>Controlling production levels or quotas (D)</p> Signup and view all the answers

    What could be considered an example of a market-sharing agreement?

    <p>Dividing product markets among competitors (D)</p> Signup and view all the answers

    Which type of agreement may prevent the development of alternative products?

    <p>Standardization agreements (C)</p> Signup and view all the answers

    What type of information, when shared, is unlikely to infringe Section 34?

    <p>General pricing trends from three years ago (D)</p> Signup and view all the answers

    Which category of agreements falls under the exclusion of Section 34 prohibition?

    <p>Agreements between businesses operating at different levels of distribution (D)</p> Signup and view all the answers

    Which of the following scenarios is an example of a vertical agreement?

    <p>A manufacturer agreeing with a distributor of product Y (D)</p> Signup and view all the answers

    What is a common misconception about the exclusion of vertical agreements under Section 34?

    <p>All agreements not involving competitors are excluded (A)</p> Signup and view all the answers

    What is the likelihood of an organized exchange of sensitive data infringing the prohibition?

    <p>Very likely to infringe (C)</p> Signup and view all the answers

    Which information type is clearly not considered anti-competitive?

    <p>Publicly available information (C)</p> Signup and view all the answers

    An agreement between which parties could be a violation of the Section 34 prohibition?

    <p>A car showroom and an insurance firm (A)</p> Signup and view all the answers

    Why is knowledge of past pricing unlikely to influence current pricing decisions?

    <p>It does not reflect current market conditions (D)</p> Signup and view all the answers

    What did the CCCS find regarding the hotel groups in Singapore?

    <p>They infringed Section 34 of the Competition Act by the sharing of commercially sensitive information. (B)</p> Signup and view all the answers

    Which two customer categories did the CCCS identify in its analysis?

    <p>Corporate and non-corporate customers. (A)</p> Signup and view all the answers

    What can be inferred about CCCS penalties in relation to Section 34?

    <p>They can be very significant, exceeding $30 million (B)</p> Signup and view all the answers

    What distinguishes vertical agreements from horizontal agreements?

    <p>Vertical agreements operate at different production levels (C)</p> Signup and view all the answers

    What is considered a focal product for this case regarding hotels?

    <p>Corporate customers' hotel room accommodation. (D)</p> Signup and view all the answers

    What was the role of Andrew Yip in the discussed matter?

    <p>He attended as counsel to one of the parties involved. (C)</p> Signup and view all the answers

    What must an undertaking do to avoid liability during meetings with potential anti-competitive purposes?

    <p>Publicly distance itself from the discussed unlawful steps (B)</p> Signup and view all the answers

    How does the CCCS treat foreign headquarters in global cartel investigations?

    <p>They may impose penalties on both local subsidiaries and foreign headquarters. (C)</p> Signup and view all the answers

    What was the primary economic harm identified in the case involving ticket price fixing by coach operators?

    <p>Distortion of ticket prices through collusion (D)</p> Signup and view all the answers

    Which factor distinguishes corporate from non-corporate customers in hotel accommodation?

    <p>The negotiation process and duration of contracts. (B)</p> Signup and view all the answers

    In the context of the hotel industry, what does Section 34 of the Competition Act pertain to?

    <p>The prohibition of cartel behavior and information exchange. (A)</p> Signup and view all the answers

    During which time period did the ticket prices for one-way express coach tickets to Kuala Lumpur increase significantly?

    <p>2003 to 2008 (B)</p> Signup and view all the answers

    What aspect about hotel customer groups did the CCCS conclude?

    <p>Hotels can categorize customer groups differently. (C)</p> Signup and view all the answers

    What percentage did coach operators mark up fuel and insurance charges by, according to the CCCS findings?

    <p>300% (D)</p> Signup and view all the answers

    What is a potential consequence of an undertaking not publicly distancing itself from unlawful actions discussed in a meeting?

    <p>It could face legal penalties or liability (B)</p> Signup and view all the answers

    Which statement best summarizes the findings of the CCCS regarding the exchange of information?

    <p>It constitutes a potential violation of the Competition Act. (D)</p> Signup and view all the answers

    What does the term 'global cartel matter' imply in the context of the CCCS's work?

    <p>Collusion between entities operating internationally affecting local markets. (D)</p> Signup and view all the answers

    Flashcards

    Antitrust

    A term for market behavior prohibitions, specifically designed to prevent large companies from restricting competition by cooperating to manipulate outputs, prices, or market shares.

    Section 34 Prohibition

    A Singaporean law prohibiting agreements, or combined actions, among businesses aimed at stifling competition.

    Cartel Agreement

    A secret agreement between competitors to control outputs, prices or market shares to prevent competitive pressures.

    Concerted practice

    A combined action by businesses that is designed to reduce or limit competition.

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    Competition Law Agreement

    An agreement between businesses, needing no formal structure like a written contract.

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    Object or Effect of distortion

    The intended or realized outcome of agreements or actions among businesses, which is to reduce or limit competition in the market.

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    Modern Evidence of Cartels

    Evidence of cartels found mostly in digital communications (emails, messaging apps).

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    Hardcore Restrictions (Section 34)

    Behaviors directly intended to limit competition, such as fixing prices, limiting output, or sharing markets.

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    Price-fixing agreements

    Agreements between competitors to set prices, including published price lists or fixed discounts.

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    Bid rigging

    Competitors colluding on their bids for contracts, often by agreeing who will get the contract or what the offer will be.

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    Market sharing agreement

    Competitors dividing a market among themselves, by product or geography.

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    Output limitation agreement

    Competitors agreeing to restrict the amount of their production.

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    Buy-effect restrictions

    Agreements that, while not directly about prices, can still restrict competition, e.g., setting standards on products or collaborating on buying from suppliers.

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    Section 34 infringement

    Breach of a law prohibiting anti-competitive practices without needing to prove that markets were distorted.

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    Object/Intent

    The purpose or goal behind an agreement.

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    Publicly Available Information

    Information easily accessible to the public, such as published market prices or general industry trends.

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    Non-Commercially Sensitive Information

    Information that doesn't significantly impact business decisions, such as past prices of a product that don't reflect current market conditions.

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    Organized Exchange of Sensitive Data

    Sharing of confidential information, such as sales volumes, prices, and discounts, between competing businesses.

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    Vertical Agreements

    Agreements between businesses operating at different stages of the production or distribution chain, such as a manufacturer and a distributor.

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    Exclusion from Section 34 Prohibition

    Vertical agreements are generally exempt from the Section 34 prohibition, meaning they aren't considered anti-competitive.

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    Car Showroom and Insurance Firm Agreement

    An agreement between a car dealership and an insurance company that might be deemed anti-competitive because it doesn't fall under the vertical agreement exclusion.

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    CCCS (Competition Commission of Singapore) Matters

    Cases involving potential violations of competition law in Singapore, investigated by the CCCS.

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    Competition Appeal Board

    A body that reviews decisions made by the CCCS, allowing businesses to appeal against penalties or rulings.

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    Record Financial Penalties

    Significant fines imposed by the CCCS on businesses found guilty of violating competition laws.

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    Public Distancing

    A company's act of clearly expressing disagreement with illegal actions taken during a meeting, even if they participated in the meeting. This is done to avoid liability for anti-competitive behavior.

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    Triple C Case Study

    A case involving coach operators and their trade association in Singapore, where they were found guilty of price fixing by setting minimum ticket prices and inflating fuel and insurance charges.

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    Fuel & Insurance Charges

    Fees added to ticket prices by coach operators in the Triple C case study, which were significantly inflated, creating an artificial price increase.

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    Ticket Price Distortion

    The inflated price of coach tickets resulting from price fixing by the operators and their association in the Triple C case.

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    Net Economic Benefit Exclusion

    An exception to the Competition Act that allows certain agreements or practices that restrict competition if they result in a net economic benefit for Singapore.

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    Corporate vs. Non-Corporate Customers

    Hotel customers can be categorized as corporate (businesses) or non-corporate (individuals, tour agencies, etc.). These categories can be distinct and affect the negotiation process, contract duration, and price setting.

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    Focal Product

    The product or service that is the primary focus of a competition investigation, in this case, hotel room accommodation provided to corporate customers.

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    Commercially Sensitive Information

    Information that can give a business a competitive advantage, such as pricing strategies, customer lists, or negotiation tactics.

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    Information Sharing

    The exchange of commercially sensitive information between competitors, which can be illegal under competition law.

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    Infringe Section 34

    To violate Section 34 of the Competition Act, which prohibits agreements or actions that restrict competition.

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    Dawn Raid

    A surprise inspection conducted by competition authorities to gather evidence of potential wrongdoing, often involving the seizure of documents and electronic data.

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    Global Cartel

    An illegal agreement between businesses operating in multiple countries to restrict competition.

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    Penalties for Foreign Headquarters

    Competition authorities can impose penalties not only on local subsidiaries of a foreign company but also on the foreign headquarters if they are found to be involved in illegal activities like cartels.

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    Singapore Competition Law

    Laws in Singapore aimed at protecting competition and preventing anti-competitive behavior.

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    Competition Authority

    A government agency responsible for investigating and enforcing competition laws. This can include the CCCS (Competition and Consumer Commission of Singapore) or other relevant authorities.

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    Study Notes

    Market Behavior Prohibitions

    • Market behavior prohibitions, also known as antitrust, are the second of four lectures in the Competition Law Module.
    • Their origins trace back to the 1890s in the U.S., aimed at preventing large companies from restricting competition through trusts.
    • Cartels, once structured as smoke-filled rooms, now frequently occur as email and private messaging exchanges (e.g., WhatsApp).
    • Enforcement agencies (CCCS) often find evidence of antitrust violations during dawn raids, where they seize computers and phones from suspected individuals.

    Section 34 Prohibition: Anti-competitive Agreements

    • Section 34 of the Competition Act prohibits any agreements or concerted practices between businesses aiming to prevent, restrict, or lessen competition in Singapore.
    • These agreements, whether formal or informal (gentleman's agreements), can be infringing.
    • Hardcore conduct includes price fixing, market allocation (sharing markets), and bid rigging.
    • Agreements can be infringing even if there's no intent, but rather just a restrictive effect on competition.
    • Sharing of information can be prohibited depending on the type and context. Non-commercially sensitive information, for instance, is usually not considered anti-competitive.

    Other key elements

    • Agreements/concerted practices
    • Object/effect: prevention, restriction, or distortion of competition
    • Vertical agreements are excluded (only those between competitors in the same production level).
    • Meetings with anti-competitive objectives require a public distancing statement.
    • Evidence of a global cartel is possible from a series of meetings across countries.
    • Financial penalties are possible for anti-competitive activity.

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    Description

    Explore the key concepts of market behavior prohibitions in this quiz based on the Competition Law module. Learn about the origins of antitrust laws in the U.S., the role of enforcement agencies, and the implications of Section 34 in Singapore's Competition Act. Test your knowledge on how anti-competitive agreements can impact market dynamics.

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