Abuse of dominant position
47.—(1) Subject to section 48, any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in any market in Singapore is prohibited.
(2) For the purposes of subsection (1), conduct may, in particular, constitute such an abuse if it consists in —(a)
predatory behaviour towards competitors;
(b)
limiting production, markets or technical development to the prejudice of consumers;
(c)
applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or
(d)
making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts.
(3) In this section, “dominant position” means a dominant position within Singapore or elsewhere.
Excluded cases
48. The section 47 prohibition does not apply to such matter as may be specified in the Third Schedule.
Requests for Commission to consider conduct
49.—(1) Sections 50 and 51 provide for conduct of a person to be considered by the Commission on the application of that person who thinks the conduct may infringe the section 47 prohibition.
(2) The Minister may make regulations to provide for the procedure to be followed —(a)
by any person making an application under subsection (1); and
(b)
by the Commission, in considering such an application.
Notification for guidance
50.—(1) A person who applies for conduct to be considered under this section must —(a)
notify the Commission of the conduct; and
(b)
apply to it for guidance.
(2) On an application under this section, the Commission may give the applicant guidance as to whether or not, in its view, the conduct is likely to infringe the section 47 prohibition.
Notification for decision
51.—(1) A person who applies for conduct to be considered under this section must —(a)
notify the Commission of the conduct; and
(b)
apply to it for a decision.
(2) On an application under this section, the Commission may make a decision as to —(a)
whether the section 47 prohibition has been infringed; and
(b)
if it has not been infringed, whether that is —(i)
because of the effect of an exclusion; or
(ii)
because a commitment has been accepted pursuant to section 60A(3).[15/2018]
Effect of guidance
52.—(1) This section applies to conduct if the Commission has determined an application under section 50 by giving guidance that the conduct is unlikely to infringe the section 47 prohibition.
(2) The Commission must not take any further action in relation to the section 47 prohibition with respect to the conduct to which this section applies, unless —(a)
it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance;
(b)
it has reasonable grounds for suspecting that the information on which it based its guidance was incomplete, false or misleading in a material particular; or
(c)
a complaint about the conduct has been made to it.[23/2007]
(3) No penalty may be imposed under this Part in respect of any infringement of the section 47 prohibition by conduct to which this section applies.
(4) The Commission may remove the immunity given by subsection (3) if —(a)
it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);
(b)
it considers that it is likely that the conduct will infringe the section 47 prohibition; and
(c)
it gives written notice to the undertaking on whose application the guidance was given that it is removing the immunity as from the date specified in its notice.
(5) If the Commission has reasonable grounds for suspecting that information —(a)
on which it based its guidance; and
(b)
which was provided to it by an undertaking engaging in the conduct,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.
Effect of decision that section 47 prohibition has not been infringed
53.—(1) This section applies to conduct if the Commission has determined an application under section 51 by making a decision that the conduct has not infringed the section 47 prohibition.
(2) The Commission must not take any further action in relation to the section 47 prohibition with respect to the conduct unless —(a)
it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or
(b)
it has reasonable grounds for suspecting that the information on which it based its decision was incomplete, false or misleading in a material particular.[23/2007]
(3) No penalty may be imposed under this Part in respect of any infringement of the section 47 prohibition by conduct to which this section applies.
(4) The Commission may remove the immunity given by subsection (3) if —(a)
it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);
(b)
it considers that it is likely that the conduct will infringe the section 47 prohibition; and
(c)
it gives written notice to the undertaking on whose application the decision was made that it is removing the immunity as from the date specified in its notice.
(5) If the Commission has reasonable grounds for suspecting that information —(a)
on which it based its decision; and
(b)
which was provided to it by an undertaking engaging in the conduct,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
