Parliament of Singapore

“ Where the Commission has made a decision that an agreement infringes the section 34 prohibition, conduct infringes the section 47 prohibition or a merger infringes the section 54 prohibition, the Commission may give to such person as it thinks appropriate such directions as it considers appropriate to bring the infringement to an end, and where necessary, requiring that person to take such action as is specified in the direction to eliminate the harmful effect of such infringement and to prevent the recurrence of such infringement. ”

“ For the purposes of an investigation under section 62, the Commission or the inspector may, by notice in writing to any person, require that person to produce to the Commission or the inspector a specified document, or to provide the Commission or the inspector with specified information, which the Commission or the inspector considers relates to any matter relevant to the investigation. ”

“ An Act to make provision about competition and the abuse of a dominant position in the market; and to establish the Competition Commission of Singapore, to provide for its functions and powers and for matters connected therewith. ”

“ A decision at a meeting of the Commission shall be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chairman or any other member presiding shall have a casting vote in addition to his original vote. ”

“ The accounts of the Commission shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General (referred to in this Act as the auditor) .
(2) A person shall not be qualified for appointment as an auditor under subsection (1) unless he is a public accountant who is registered or deemed to be registered under the Accountants Act (Act 4 of 2004) . ”

“ An agreement which is notified under any provision included in a block exemption order by virtue of subsection (1) shall be treated, as from the end of the notice period, as falling within a category specified in a block exemption order unless the Commission—
(a) is opposed to it being so treated; and (b) gives notice in writing to the party concerned of its opposition before the end of that period.
(3) If the Commission gives notice of its opposition under subsection (2) , the notification under subsection (1) shall be treated as a notification under section 44. ”

“ In determining whether influence of the kind referred to in subsection (3) is capable of being exercised, regard shall be had to all the circumstances of the matter and not solely to the legal effect of any instrument, deed, transfer, assignment or other act done or made. ”

“ In this section, “foreign competition body” means a person in whom there are vested functions under the law of another country or territory with respect to the enforcement or the administration of provisions of law of that country or territory concerning competition between undertakings (whether in a particular sector of the economy of that country or territory or throughout that economy generally) . ”

“ Where possession of any document is taken under subsection (2) (iv) or (3) , the named officer may, at the request of the person from whom possession of the document was taken, provide such person with a copy of the document.
(5) A named officer may, instead of removing from any premises for examination any equipment or article which has a bearing on the investigation under subsection (2) (viii) , allow the equipment or article to be retained on those premises subject to such conditions as the named officer may impose. ”

“ The auditor shall in his report state—
(a) whether the financial statements show fairly the financial transactions and the state of affairs of the Commission; (b) whether proper accounting and other records have been kept,including records of all assets of the Commission whether purchased, donated or otherwise; (c) whether the receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Commission during the financial year were in accordance with the provisions of this Act; and (d) such other matters arising from the audit as he considers necessary. ”

“ Subject to the provisions of this Act, the functions and duties of the Commission shall be—
(a) to maintain and enhance efficient market conduct and promote overall productivity, innovation and competitiveness of markets in Singapore; (b) to eliminate or control practices having adverse effect on competition in Singapore; (c) to promote and sustain competition in markets in Singapore; (d) to promote a strong competitive culture and environment throughout the economy in Singapore; (e) to act internationally as the national body representative of Singapore in respect of competition matters ”

“ No financial penalty fixed by the Commission under this section may exceed 10% or such other percentage of such turnover of the business of the undertaking in Singapore for each year of infringement for such period, up to a maximum of 3 years, as the Minister may, by order published in the Gazette, prescribe. ”