/akn/sg/act/act/2004/CA

Competition Act 2004

Text is served through the Arturio legal-data gateway. This reader shows the active Singapore expression when available.

Part 1

PRELIMINARY

Section 1

part_0.section_0

Section 1

This Act is the Competition Act 2004.

Section 2

part_0.section_1

Section 2

—(1) In this Act, unless the context otherwise requires —“anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 54(2);“block exemption” has the meaning given by section 36(5);“block exemption order” has the meaning given by section 36(3);“Board” means the Competition Appeal Board established under section 72;“Chairperson” means the Chairperson of the Commission and includes any temporary Chairperson of the Commission;“Chief Executive” means the Chief Executive of the Commission, and includes any individual acting in that capacity;“Commission” means the Competition and Consumer Commission of Singapore established by section 3;“Deputy Chairperson” means the Deputy Chairperson of the Commission and includes any temporary Deputy Chairperson of the Commission;“document” includes information recorded in any form;“goods” includes —(a)buildings and other structures;(b)ships, aircraft and hovercraft;(c)gas and electricity; and(d)choses in action;“information” includes estimates and forecasts;“inspector” means an inspector appointed by the Commission to conduct any investigation under section 62;“investigating officer” has the meaning given by section 64(1);“member” means a member of the Commission;“party involved in a merger” means a person or an undertaking specified in section 54(2) and includes the merged entity;“party to an anticipated merger” means a person or an undertaking which would be a person or an undertaking specified in section 54(2) if the anticipated merger were carried into effect;“person” includes any undertaking;“premises” does not include domestic premises unless —(a)they are used in connection with the affairs of an undertaking; or(b)documents relating to the affairs of an undertaking are kept there,but includes any vehicle;“public interest consideration” means national or public security, defence and any other considerations that the Minister may, by order in the Gazette, prescribe;“section 34 prohibition” means the prohibition referred to in section 34(1);“section 47 prohibition” means the prohibition referred to in section 47(1);“section 54 prohibition” means the prohibition referred to in section 54(1);“service” means a service of any description whether industrial, trade, professional or otherwise;“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.(2) The fact that to a limited extent the section 34 prohibition does not apply to an agreement, because of an exclusion provided by or under this Act, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.(3) For the purposes of this Act, the power to require information, in relation to information recorded otherwise than in a legible form, includes the power to require a copy of it in a legible form.(4) Any power conferred on any person by this Act to require information includes the power to require any document which the person believes may contain that information.

Subsection 1

part_0.section_1.subsection_3

Subsection 1

In this Act, unless the context otherwise requires —

Definition

part_0.section_1.definition_4

Definition

“anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 54(2);

Definition

part_0.section_1.definition_5

Definition

“block exemption” has the meaning given by section 36(5);

Definition

part_0.section_1.definition_6

Definition

“block exemption order” has the meaning given by section 36(3);

Definition

part_0.section_1.definition_7

Definition

“Board” means the Competition Appeal Board established under section 72;

Definition

part_0.section_1.definition_8

Definition

“Chairperson” means the Chairperson of the Commission and includes any temporary Chairperson of the Commission;

Definition

part_0.section_1.definition_9

Definition

“Chief Executive” means the Chief Executive of the Commission, and includes any individual acting in that capacity;

Definition

part_0.section_1.definition_10

Definition

“Commission” means the Competition and Consumer Commission of Singapore established by section 3;

Definition

part_0.section_1.definition_11

Definition

“Deputy Chairperson” means the Deputy Chairperson of the Commission and includes any temporary Deputy Chairperson of the Commission;

Definition

part_0.section_1.definition_12

Definition

“document” includes information recorded in any form;

Definition

part_0.section_1.definition_13

Definition

“goods” includes —(a)buildings and other structures;(b)ships, aircraft and hovercraft;(c)gas and electricity; and(d)choses in action;

Definition

part_0.section_1.definition_14

Definition

“information” includes estimates and forecasts;

Definition

part_0.section_1.definition_15

Definition

“inspector” means an inspector appointed by the Commission to conduct any investigation under section 62;

Definition

part_0.section_1.definition_16

Definition

“investigating officer” has the meaning given by section 64(1);

Definition

part_0.section_1.definition_17

Definition

“member” means a member of the Commission;

Definition

part_0.section_1.definition_18

Definition

“party involved in a merger” means a person or an undertaking specified in section 54(2) and includes the merged entity;

Definition

part_0.section_1.definition_19

Definition

“party to an anticipated merger” means a person or an undertaking which would be a person or an undertaking specified in section 54(2) if the anticipated merger were carried into effect;

Definition

part_0.section_1.definition_20

Definition

“person” includes any undertaking;

Definition

part_0.section_1.definition_21

Definition

“premises” does not include domestic premises unless —(a)they are used in connection with the affairs of an undertaking; or(b)documents relating to the affairs of an undertaking are kept there,but includes any vehicle;

Definition

part_0.section_1.definition_22

Definition

“public interest consideration” means national or public security, defence and any other considerations that the Minister may, by order in the Gazette, prescribe;

Definition

part_0.section_1.definition_23

Definition

“section 34 prohibition” means the prohibition referred to in section 34(1);

Definition

part_0.section_1.definition_24

Definition

“section 47 prohibition” means the prohibition referred to in section 47(1);

Definition

part_0.section_1.definition_25

Definition

“section 54 prohibition” means the prohibition referred to in section 54(1);

Definition

part_0.section_1.definition_26

Definition

“service” means a service of any description whether industrial, trade, professional or otherwise;

Definition

part_0.section_1.definition_27

Definition

“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.

Subsection 2

part_0.section_1.subsection_0

Subsection 2

The fact that to a limited extent the section 34 prohibition does not apply to an agreement, because of an exclusion provided by or under this Act, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

Subsection 3

part_0.section_1.subsection_1

Subsection 3

For the purposes of this Act, the power to require information, in relation to information recorded otherwise than in a legible form, includes the power to require a copy of it in a legible form.

Subsection 4

part_0.section_1.subsection_2

Subsection 4

Any power conferred on any person by this Act to require information includes the power to require any document which the person believes may contain that information.