Appealable decisions
71.—(1) Any party to an agreement in respect of which the Commission has made a decision, any person in respect of whose conduct the Commission has made a decision, any party to an anticipated merger in respect of which the Commission has made a decision or any party involved in a merger in respect of which the Commission has made a decision, may appeal within the prescribed period to the Board against, or with respect to, that decision.[23/2007]
(2) Any person, other than a person referred to in subsection (1), to whom the Commission has given a direction under section 58A, 67 or 69 may appeal within the prescribed period to the Board against, or with respect to, that direction.[23/2007]
(3) Except in the case of an appeal against the imposition, or the amount, of a financial penalty, the making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.
(4) In subsection (1), “decision” means a decision of the Commission as to —(a)
whether the section 34 prohibition has been infringed by any agreement;
(b)
whether the section 47 prohibition has been infringed by any conduct;
(c)
whether the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or
(d)
whether the section 54 prohibition has been infringed by any merger,
and includes a direction given under section 58A, 67 or 69 (including the imposition of any financial penalty under section 69 or as to the amount of any such financial penalty) and such other decision as the Minister may by regulations prescribe.
[23/2007]
Division 2 — Competition Appeal Board
Competition Appeal Board
72.—(1) For the purpose of hearing any appeal referred to in section 71(1), there is to be a Competition Appeal Board consisting of not more than 30 members appointed, from time to time, by the Minister on the basis of their ability and experience in industry, commerce or administration or their professional qualifications or their suitability otherwise for appointment.
(2) Members of the Board hold office for such period as may be determined by the Minister and are eligible for re‑appointment.
(3) The Minister may at any time remove any member of the Board from office without assigning any reason.
(4) A member of the Board may resign his or her office by notice in writing to the Minister.
(5) The Minister must appoint to be Chairperson of the Board a person who is qualified to be a Supreme Court Judge.[40/2019]
(6) The Chairperson of the Board, when present, presides at every meeting of the Board, and in the Chairperson’s absence such member of the Board as may be chosen by the members present presides.
(7) The Minister may appoint a secretary to the Board and such other officers and employees of the Board as may be necessary.
(8) All the powers, functions and duties of the Board may be exercised, performed and discharged by any committee of the Board consisting of not less than 3 members of the Board, one of whom may be the Chairperson of the Board.
(9) Any act, finding or decision of any such committee is deemed to be the act, finding or decision of the Board.
(10) The secretary must, from time to time, summon such members of the Board as may be nominated by the Chairperson of the Board, to constitute a committee of the Board for the purposes of giving effect to the provisions of this Part, and it is the duty of such members to attend at the times and places specified in the summons.
(11) Subject to subsection (12), where the Chairperson of the Board is nominated under subsection (10) as a member of a committee, he or she presides at every meeting of the committee, and where the Chairperson is not nominated as a member of a committee, the Chairperson must determine which member of the committee is to preside at every meeting of that committee.
(12) Where the Chairperson of the Board or the member determined by the Chairperson under subsection (11) (as the case may be) is absent at any committee meeting, such member of the committee as may be chosen by the members present presides.
(13) All matters coming before the Board or a committee of the Board at any sitting thereof must be decided by a majority of votes of those members present and, in the event of an equality of votes, the Chairperson of the Board or any other member presiding has a second or casting vote.
(14) Members of the Board may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.
(15) The Minister may make regulations —(a)
prescribing the period within which appeals may be made;
(b)
prescribing the manner in which appeals are to be made to the Board;
(c)
prescribing the procedure to be adopted by the Board in hearing appeals and the records to be kept by the Board;
(d)
prescribing the places where and the times at which appeals are to be heard by the Board;
(e)
prescribing the fees to be paid in respect of any appeal under this Part;
(f)
permitting the Board to order interest to be paid on any financial penalty imposed, confirmed or varied by the Board;
(g)
prescribing the award of costs of or incidental to any proceedings before the Board or the award of expenses, including any allowances payable to persons in connection with their attendance before the Board; and
(h)
generally for the better carrying out of the provisions of this Part.[4/2010]
Powers and decisions of Board
73.—(1) The Board must, by notice to the Commission and the appellant, specify the date on and the place at which the appeal is to be heard.
(2) The Board has all the powers and duties of the Commission that are necessary to perform its functions and discharge its duties under this Act.
(3) The Board has the powers, rights and privileges vested in a District Court on the hearing of an action, including —(a)
the enforcement of the attendance of witnesses and their examination on oath or otherwise;
(b)
the compelling of the production of documents; and
(c)
the award of such costs or expenses as may be prescribed under section 72(15).
(4) A summons signed by such member of the Board as may be authorised by the Board is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
(5) Where any person being duly summoned to attend before the Board does not so attend, that person shall be guilty of an offence.
(6) A witness before the Board is entitled to the same immunities and privileges as if he or she were a witness before a District Court.
(7) All appeals under this section must be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.
(8) The Board may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may —(a)
remit the matter to the Commission;
(b)
impose or revoke, or vary the amount of, a financial penalty;
(c)
give such direction, or take such other step, as the Commission could itself have given or taken; or
(d)
make any other decision which the Commission could itself have made.
(9) Any decision of the Board on an appeal has the same effect, and may be enforced in the same manner, as a decision of the Commission.
(10) If the Board confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.
(11) The Board must notify the appellant of its decision in respect of the appellant’s appeal and the reasons for its decision.
Appeals to General Division of High Court, etc.
74.—(1) An appeal against, or with respect to, a decision of the Board made under section 73 shall lie to the General Division of the High Court —(a)
on a point of law arising from a decision of the Board; or
(b)
from any decision of the Board as to the amount of a financial penalty.[40/2019]
(2) An appeal under this section may be made only at the instance of a person who was a party to the proceedings in which the decision of the Board was made.
(3) The General Division of the High Court shall hear and determine any such appeal and may —(a)
confirm, modify or reverse the decision of the Board; and
(b)
make such further or other order on such appeal, whether as to costs or otherwise, as the General Division of the High Court may think fit.[40/2019]
(4) There is such further right of appeal from decisions of the General Division of the High Court under this section as exists in the case of decisions made by the General Division of the High Court in the exercise of its original civil jurisdiction.[40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
