Antitrust and Merger Control - Lecture 4 PDF

Corporate & Commercial Practice Competition Law Antitrust and merger control (4) Daren Shiau, BBM, PBM Copyright © 2024, Singapore Institute of Legal Education 1 Section 54 prohibition...

Corporate & Commercial Practice Competition Law Antitrust and merger control (4) Daren Shiau, BBM, PBM Copyright © 2024, Singapore Institute of Legal Education 1 Section 54 prohibition Copyright © 2024, Singapore Institute of Legal Education 2 Merger control Section 54 Prohibition – merger control Prohibitions Regime (Singapore) “substantial lessening of competition” Behavioural Structural Part III, Division 2 Part III, Division 3 Part III, Division 4 Section 34 Section 47 Prohibition – Prohibition – abuse of dominant anti-competitive position agreements Copyright © 2024, Singapore Institute of Legal Education 3 Merger control Section 54 Section 54 sets out that mergers that have resulted, or may be expected to result, in a substantial lessening of competition within any market in Singapore for goods or services are prohibited. Copyright © 2024, Singapore Institute of Legal Education 4  5 Merger control Is it a merger? Note: Includes joint ventures, acquisition of de facto control etc Yes Is it excluded? Consider the Section 54(7) carve-outs or the Fourth Schedule No Is there a substantial lessening of competition? No Indicative Notification Thresholds Do factors for a SLC exist? crossed: Yes Merged entity will have market share of 40%; Are there any net economic Merged entity will have market efficiencies? share of between 20% and