CPL 1: Singapore Competition Law: Sections 34, 47 & 54

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Questions and Answers

What is the primary objective of competition law as described?

  • To facilitate the most direct way for companies to increase profits.
  • To promote collusion among competitors to increase profits.
  • To eliminate competition and allow for market dominance.
  • To correct market failure caused by anti-competitive behavior. (correct)

The Competition and Consumer Commission of Singapore (CCCS) is a private entity overseeing competition regulations in Singapore.

False (B)

What are the two main categories of prohibitions under Singapore's Competition Act?

Behavioural and Structural

Section __________ of the Competition Act addresses anti-competitive agreements.

<p>34</p> Signup and view all the answers

Match the following sections of the Competition Act with their respective prohibitions:

<p>Section 34 = Anti-competitive agreements Section 47 = Abuse of dominant position Section 54 = Merger control (substantial lessening of competition)</p> Signup and view all the answers

Which statement accurately describes the application of Singapore's Competition Act?

<p>It applies to all undertakings, including government-owned companies engaged in commercial activity. (B)</p> Signup and view all the answers

Competition law and unfair competition laws are interchangeable terms that can be used to describe the same legal framework.

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

According to the content, what are the two schedules that contain statutory exclusions to the application of the Competition Act 2004?

<p>Schedule 3 and Schedule 4</p> Signup and view all the answers

In the context of competition law, 'undertakings' refers to any entity capable of __________ and __________ activity.

<p>commercial, economic</p> Signup and view all the answers

Match the following concepts with their respective descriptions:

<p>Consumer welfare approach = Focuses on benefits to consumers. Total welfare approach = Considers both producer and consumer surplus. Public interest approach = Prioritizes broader societal benefits.</p> Signup and view all the answers

What is the significance of the CCCS Public Register?

<p>It contains publicly recorded cases and commitments related to competition law infringements. (A)</p> Signup and view all the answers

As of May 2023, the CCCS has imposed jail terms for anti-competitive conduct.

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

What type of prohibition does Section 54 of the Competition Act focus on?

<p>Structural</p> Signup and view all the answers

The most direct way to increase profits in the absence of competition law is by __________ with competitors or the __________ of such competitors.

<p>colluding, elimination</p> Signup and view all the answers

Which of the following examples violate section 47?

<p>A company with a dominant position charging excessively high prices. (D)</p> Signup and view all the answers

In the context of Singapore's competition law, which of the following best encapsulates the primary objective?

<p>To foster an environment where market failures arising from anti-competitive conduct are rectified, promoting economic efficiency. (C)</p> Signup and view all the answers

Under Singapore's Competition Act, statutes explicitly exempt all government-owned companies from its purview to facilitate state-led economic development.

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

Define the term 'undertaking' as it is legally construed within the framework of Singapore's Competition Act, and elaborate on its scope of application.

<p>Under Singapore's Competition Act, an 'undertaking' broadly encompasses any entity engaged in commercial or economic activities, including individuals, corporations, incorporated bodies, and other entities, irrespective of their ownership or origin (foreign or Singaporean).</p> Signup and view all the answers

Section ______ of Singapore’s Competition Act addresses structural prohibitions related to merger control, specifically targeting situations that may result in a substantial lessening of competition.

<p>54</p> Signup and view all the answers

Match the following categories of prohibitions under Singapore's Competition Act with their corresponding descriptions:

<p>Behavioural Prohibitions = Address anti-competitive actions by firms, such as price-fixing or abuse of dominance. Structural Prohibitions = Focus on market structure changes, primarily through merger control, to prevent substantial lessening of competition. Section 34 Prohibition = Specifically targets anti-competitive agreements and concerted practices among undertakings. Section 54 Prohibition = Deals with merger situations that could lead to a substantial reduction in competition.</p> Signup and view all the answers

Which of the following best describes the 'total welfare approach' as an enforcement priority under Singapore's competition law regime?

<p>Balancing consumer and producer surplus to achieve an overall increase in economic welfare. (A)</p> Signup and view all the answers

In Singapore, the Competition and Consumer Commission of Singapore (CCCS) primarily functions as a legislative body, enacting new competition laws and regulations.

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

Explain the distinction between 'behavioural prohibitions' and 'structural prohibitions' within the context of Singapore's competition law, providing an example for each.

<p>Behavioural prohibitions in Singapore's competition law target specific actions or conduct of undertakings, such as price-fixing agreements (Section 34) or abuse of dominant position (Section 47). Structural prohibitions, primarily through merger control (Section 54), focus on market structure itself, preventing mergers that substantially lessen competition. For example, price-fixing is a behavioural issue, while a merger creating a monopoly is a structural concern.</p> Signup and view all the answers

Schedule ______ of the Competition Act outlines specific statutory exclusions applicable to both Section 34 and Section 47 prohibitions.

<p>3</p> Signup and view all the answers

Which of the following scenarios would most likely fall under the purview of Section 47 prohibition in Singapore's Competition Act?

<p>A dominant firm lowering prices below cost to drive out smaller competitors. (A)</p> Signup and view all the answers

Colluding with competitors to fix prices is generally considered a legitimate business strategy in Singapore, as long as it leads to increased profitability for the companies involved.

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

Describe the role of the Competition and Consumer Commission of Singapore (CCCS) in administering the competition regime in Singapore.

<p>The CCCS is the primary body responsible for administering and enforcing Singapore's competition law. It investigates potential breaches of the Competition Act, issues infringement decisions, imposes financial penalties, and provides guidance on competition matters. It aims to foster a competitive environment for the benefit of consumers and businesses.</p> Signup and view all the answers

The objective of competition law is to correct market ______ caused by anti-competitive behaviour.

<p>failure</p> Signup and view all the answers

Match the following sections of the Singapore Competition Act with their primary focus:

<p>Section 34 = Anti-competitive Agreements Section 47 = Abuse of Dominant Position Section 54 = Merger Control Schedule 3 = Exclusions from Sections 34 and 47</p> Signup and view all the answers

Which of the following best exemplifies an 'anti-competitive agreement' as prohibited under Section 34 of Singapore’s Competition Act?

<p>An agreement among competitors to divide markets geographically. (D)</p> Signup and view all the answers

As of May 2023, the Competition and Consumer Commission of Singapore (CCCS) has imposed jail terms for anti-competitive conduct.

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

Explain the concept of 'consumer surplus' and 'producer surplus' and how they relate to the policy objectives of competition law in Singapore.

<p>Consumer surplus is the benefit consumers receive when they pay less for a product or service than they were willing to pay. Producer surplus is the benefit producers receive when they sell at a price higher than their minimum acceptable price. Competition law in Singapore aims to maximize total welfare, which is the sum of consumer and producer surplus, ensuring efficient markets that benefit both groups.</p> Signup and view all the answers

Schedule ______ of the Competition Act includes exclusions from the Section 54 prohibition, specifically related to merger control.

<p>4</p> Signup and view all the answers

Which of the following is NOT considered a primary enforcement priority under Singapore's competition law regime?

<p>Producer welfare approach (exclusive of consumer welfare) (B)</p> Signup and view all the answers

Competition law and consumer rights law are essentially the same, both aiming to protect consumers from unfair market practices.

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

What are the key differences between competition law and unfair competition laws?

<p>Competition law, like Singapore's Competition Act, focuses on maintaining competitive market structures and preventing anti-competitive agreements, abuse of dominance, and anti-competitive mergers. Unfair competition laws typically address deceptive or unethical business practices, such as false advertising or trademark infringement, which may not necessarily harm overall market competition but are unfair to competitors or misleading to consumers.</p> Signup and view all the answers

The Competition and Consumer Commission of Singapore (CCCS) is a statutory board of ______.

<p>MTI</p> Signup and view all the answers

Match the type of prohibition with the corresponding section in Singapore's Competition Act:

<p>Anti-competitive agreements = Section 34 Abuse of dominant position = Section 47 Merger control = Section 54 Behavioural Prohibitions (general) = Sections 34 &amp; 47</p> Signup and view all the answers

In the absence of competition law, what is the most direct way for businesses to increase profits, as highlighted in the overview?

<p>Colluding with competitors or eliminating them from the market. (B)</p> Signup and view all the answers

The Competition Act in Singapore only applies to companies that are majority-owned by Singaporean citizens or entities.

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

Explain why competition law is considered a 'fast expanding area of law' globally.

<p>Competition law is a fast-expanding area due to increasing globalization, market liberalization, and recognition of the importance of competitive markets for economic growth and consumer welfare. More jurisdictions are adopting or strengthening their competition regimes to address anti-competitive practices in increasingly interconnected economies.</p> Signup and view all the answers

Section 47 of Singapore's Competition Act specifically prohibits ______ of dominant position.

<p>abuse</p> Signup and view all the answers

According to the provided material, what is the approximate financial penalty imposed by CCCS in infringement decisions as of May 2023?

<p>Close to S$80 million (A)</p> Signup and view all the answers

The module content explicitly covers competition laws beyond the Singapore Competition Act and CCCS guidelines, offering a global perspective.

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

What is the significance of the CCCS Public Register mentioned in the overview?

<p>The CCCS Public Register provides transparency and public access to information regarding cases and commitments related to competition law enforcement in Singapore. It allows stakeholders to track enforcement actions and understand precedents set by the CCCS.</p> Signup and view all the answers

______ prohibitions under Singapore’s Competition Act include Section 34 and Section 47.

<p>Behavioural</p> Signup and view all the answers

Which section of Singapore's Competition Act is primarily concerned with 'anti-competitive agreements'?

<p>Section 34 (C)</p> Signup and view all the answers

Schedule 4 of the Competition Act provides exclusions applicable to both behavioural and structural prohibitions.

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

Explain how the 'public interest approach' might be considered in the enforcement of competition law in Singapore.

<p>The 'public interest approach' allows for consideration of broader societal benefits beyond just economic efficiency and consumer welfare. In specific cases, enforcement decisions might take into account factors like employment, innovation, or environmental sustainability, provided these are demonstrably in the broader public interest and justified within the legal framework.</p> Signup and view all the answers

______ prohibitions under Singapore’s Competition Act primarily relate to merger control.

<p>Structural</p> Signup and view all the answers

Match the term with its description in the context of competition law:

<p>Collusion = Secret or illegal cooperation, especially to deceive or defraud. Dominant Position = A position of economic strength enjoyed by an undertaking which enables it to prevent effective competition. Merger = The combining of two or more companies, generally by offering to acquire the stock of the other companies. Anti-competitive Agreement = Agreements between undertakings that have as their object or effect the prevention, restriction or distortion of competition.</p> Signup and view all the answers

Which schedule of the Competition Act would you consult to find exclusions specifically related to merger control prohibitions?

<p>Schedule 4 (A)</p> Signup and view all the answers

Consumer welfare approach is the only enforcement priority considered under Singapore's competition law regime.

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

Flashcards

Absence of competition law

In the absence of competition law, companies can collude or eliminate competitors to increase profits.

Objective of competition law

Competition law aims to fix market failures resulting from anti-competitive actions.

CCCS

The Competition and Consumer Commission of Singapore (CCCS) is a statutory board of MTI.

Scope of Competition Act

The Competition Act applies to any person or entity capable of commercial and economic activity, regardless of ownership.

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Government-owned companies

Companies owned by the Singapore Government also fall under the Competition Act if they engage in commercial and economic activity.

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Total welfare approach

This approach values the combined benefits to both producers and consumers.

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Behavioral Prohibitions

Behavioral prohibitions address anti-competitive agreements and abuse of dominant positions.

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Section 34 Prohibition

Section 34 prohibits agreements that prevent, restrict, or distort competition in Singapore.

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Section 47 Prohibition

Section 47 addresses the abuse of dominance in the market.

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Structural Prohibitions

Structural prohibitions apply to mergers that could substantially lessen competition.

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Section 54

Section 54 of the Competition Act relates to merger control

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Competition law regimes

Over 125 jurisdictions worldwide have these legal frameworks to promote fair market practices.

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What is CCCS?

A statutory board of MTI that enforces competition regulations.

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Schedule 3 of Competition Act

Schedule 3 of the Competition Act contains exclusions from Section 34 and 47 prohibitions.

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Schedule 4 of the Competition Act

Schedule 4 of the Competition Act includes exclusions from section 54 prohibition regarding mergers.

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Competition law

Laws aimed at promoting fair competition rather than addressing consumer protection.

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Consumer welfare approach

Prioritizes the well-being and advantage of individuals who purchase goods/services within the economic framework.

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Public interest approach

A framework considers the broad advantages to society regarding public policy, innovation, and general community interests.

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Study Notes

Corporate and Commercial Practice Competition Law

  • The focus is on antitrust and merger control.
  • The prohibitions are Section 34, Section 47, and Section 54.
  • Enforcement will be a focus.

Overview

  • Without competition law, companies may collude or eliminate competitors to increase profits directly.
  • Competition law aims to correct market failures resulting from anti-competitive behavior.
  • Over 125 jurisdictions globally have competition law regimes.
  • The Competition and Consumer Commission of Singapore (CCCS) administers the competition regime in Singapore and is a statutory board of MTI.
  • As of May 2023, over 750 publicly recorded cases existed, with CCCS issuing 19 infringement decisions and imposing financial penalties close to S$80 million and no jail terms yet for anti-competitive conduct.
  • Public Register available: https://www.cccs.gov.sg/cases-and-commitments/public-register.
  • The module will focus on the Competition Act and CCCS guidelines.
  • This Competition Act 2004 can be found at: https://sso.agc.gov.sg/Act/CA2004
  • CCCS guidelines 2022 interactive found at: https://www.cccs.gov.sg/-/media/custom/ccs/files/legislation/cccs-guidelines-2022-interactive/cccs-guidelines-2022 interactive.ashx
  • Statutory exclusions to the Competition Act 2004 ("Competition Act") are in Schedule 3 and Schedule 4.
    • Schedule 3 includes exclusions from Section 34 and 47 prohibitions.
    • Schedule 4 includes exclusions from Section 54 prohibition.
  • Competition law differs from unfair competition and consumer rights laws.
  • The CCCS also administers consumer protection under the Consumer Protection (Fair Trading) Act 2003.
  • The Competition Act applies to "undertakings," including any person, body corporate, incorporated body, or entity capable of commercial and economic activity, regardless of ownership.
  • Companies owned by the Singapore Government are under the Act if engaged in commercial and economic activity.

Policy Objectives

  • The Singapore competition law regime has enforcement priorities to promote:
    • Consumer welfare approach.
    • Total welfare approach.
    • Public interest approach.
  • A surplus consists of :
    • Sum of producer surplus
    • Consumer surplus

Prohibitions Regime (Singapore)

  • The prohibitions are categorized into:
    • Behavioural
      • Part III, Division 2
        • Section 34 Prohibition - anti-competitive agreements
      • Part III, Division 3
        • Section 47 Prohibition – abuse of dominant position
    • Structural
      • Part III, Division 4
        • Section 54 Prohibition – merger control "substantial lessening of competition"

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