The Legal Branch

Competition Commission of Singapore

Front Row:
Toh Han Li (Assistant Chief Executive, Legal & Enforcement Division, CCS)

(Left to Right) Back Row:
Lee Jwee Nguan,
Adam Nakhoda,
Ms Serene Seet Lay Cheng

Competition Commission of Singapore

The Legal and Enforcement Division (“LE”) of the Competition Commission of Singapore (“CCS”) comprised four LSOs, eight legal and enforcement officers and three support staff as at 31 December 2012.

The year 2012 was a significant one for the CCS, with a landmark decision from the Competition Appeal Board (“CAB”) in the case of Pte Ltd (“SISTIC”), upholding the CCS’ first infringement decision on abuse of dominance. The CAB agreed with the CCS’ finding that SISTIC had abused its dominant position in the market for open ticketing services in Singapore and the CCS’ decision to impose a financial penalty on SISTIC, but with a variation in the quantum of the penalty. The Assistant Chief Executive (LE) also represented the CCS in appeals against its decision on price-fixing in modelling services which were also heard before the CAB in 2012.

In July 2012, the CCS issued an infringement decision against two ferry operators and imposed financial penalties on them for engaging in unlawful sharing of sensitive and confidential price information in a duopolistic market. The CCS also issued a clearance decision for a proposed joint venture between Singapore Airlines Limited and Scandinavian Airlines System. The year 2012 also saw seven merger decisions and the issuance of the CCS Guidelines on Merger Procedures 2012.

In addition to these core legal work, the LSOs were actively involved in advocacy and outreach activities. In particular, the CCS organised Competition Week from 23 to 27 July 2012, which included a conference jointly organised with the SAL and a separate Regional workshop on Unilateral Conduct jointly organised with the International Competition Network (“ICN”). Both events brought together regulators, practitioners, academia and businesses to discuss the latest developments in competition law.

In addition to training and speaking opportunities at competition workshops and conferences, such as the Annual Conference of the ICN held in Rio de Janeiro from 17 to 20 April 2012, the CCS also provided LSOs other learning opportunities. This included an attachment to Queen’s Counsel in the UK and learning trips to other competition authorities, such as the Australian Competition and Consumer Commission and New Zealand Competition Commission.

The Assistant Chief Executive (LE) spoke on the treatment of Government-linked corporations under Singapore Competition Law at the inaugural Global Competition Review Law Leaders’ Asia Pacific Conference which took place from 2 to 3 March 2012 in Singapore and at which leading figures from competition law in the Asia Pacific region gathered. The LSOs were also involved in negotiating the competition chapter of the Trans-pacific Partnership and the EU-Singapore Free-Trade Agreement, which concluded in December 2012.

Toh Han Li
Assistant Chief Executive
Legal & Enforcement Division
Competition Commission of Singapore

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