magazine-Fair Play, we note that the CCI has received a total of 271 cases under section 19 (1) 1 of the Competition Act till February, 2013. the section 54 prohibition has been infringed by a merger, but has not completed its consideration of the matter, and the Commission considers that it is necessary for it to act under this section —, for the purpose of preventing any action that may prejudice —, the consideration of the anticipated merger or merger; or, the giving of any direction under section 69; or, of preventing serious, irreparable damage to a particular person or category of persons; or. �ң�(= the nature of the offences created by sections 75 to 78. and shall continue in force until the end of the period of one month beginning from the day on which it is issued. compel a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him in that capacity; or. the subject matter and purpose of the investigation; and, (3)  The Commission or the inspector may also specify in the notice —, (4A)  For the purposes of an investigation under section 62, a person who is empowered to enter any premises under section 64(1), or who is authorised under a warrant under section 65 to enter the premises specified in the warrant, may —, orally examine any individual on the premises who appears to be acquainted with the facts and circumstances relevant to the investigation that is being carried out; and. requiring any person concerned with any conduct that is directly related and necessary to the implementation of the merger to modify or cease that conduct, notwithstanding that the conduct is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 52 or 53, as the case may be, that the conduct is unlikely to infringe, or has not infringed, the section 47 prohibition; where the decision is that any agreement has infringed the section 34 prohibition, any conduct has infringed the section 47 prohibition or any merger has infringed the section 54 prohibition, to pay to the Commission such financial penalty in respect of the infringement as the Commission may determine; and, in any case, requiring any party to an agreement that has infringed the section 34 prohibition, any person whose conduct has infringed the section 47 prohibition, any party to an anticipated merger which, if carried into effect, will infringe the section 54 prohibition or any party involved in a merger that has infringed the section 54 prohibition —. (2)  The Minister may make an order giving effect to such a recommendation —, in the form in which the recommendation is made; or. where the Commission and the other regulatory authority may exercise their respective powers concurrently or conjunctively. afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question.

because a commitment has been accepted pursuant to section 60A(1B). which was provided to it by an undertaking engaging in the conduct, (2)  The Commission shall take no further action in relation to the section 47 prohibition with respect to the conduct unless —. give such person an opportunity to make representations to the Commission. (2)  A notice under subsection (1) shall indicate —, the purpose for which the specified document or specified information is required by the Commission; and. 12 OF 2003 [13th January, 2003.] if the document is not produced, to require such person to state, to the best of his knowledge and belief, where it is. (11)  If the named officer is unable to inform the occupier of the intended entry, he shall, when executing the warrant, leave a copy of it in a prominent place on the premises.

subject to such modifications as he considers appropriate. All rights reserved. the merger resulting from a purported carrying into effect of the anticipated merger is materially different from the anticipated merger. the section 54 prohibition has been infringed by any merger. is not for the purpose of determining the manner in which any activity of the other undertaking, being an activity that could affect competition in markets for goods or services in Singapore, is carried on.

it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2); it considers that it is likely that the conduct will infringe the section 47 prohibition; and. ��c�=��c�=��c�=��c�=��c�=��c�=��c�=��c�=����8=����8=����8=����8=����8=����8=����8=����8=O��=O��=O��=O��=O��=O��=O��=O��=O�{�r�1��O��RMyn�Ǫ�r\&P�����!�K΀�K���@�g�֠��S��']���@��gH�&P�݉�jï��lM���6�TL�v�y�`�2�ՂO;�/*��5m�:c�CUE�ڗ�U�?Jt��1o 0�! the section 54 prohibition will be infringed by an anticipated merger, if carried into effect; or. (4)  The decision of the Minister made under subsection (3) shall be final. consider any representations made to the Commission regarding its proposed recommendation. (7)  For the purposes of this Part, a merger shall not be deemed to occur if —. gives at least 2 working days’ notice of the intended entry; indicates the subject matter and purpose of the investigation; and. the section 34 prohibition has been infringed by any agreement; the section 47 prohibition has been infringed by any conduct; the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or. it takes action under this Part with respect to the merger in one of the circumstances mentioned in subsection (2); it considers that it is likely that the merger will infringe the section 54 prohibition; and, the party on whose application the decision was made; or. notify the Commission of the agreement; and. (4B)  Any information provided verbally by an individual under subsection (1), or any answer given or statement made by an individual under subsection (4A), must —, if the individual does not understand English, be interpreted for the individual in a language that the individual understands; and. (7)  Subject to subsection (8), where the Commission makes a decision that an anticipated merger, if carried into effect, will not infringe the section 54 prohibition, the Commission may, if it thinks fit, state that the decision shall be valid only for the period it specifies therein. 10 Chief Executive, officers and employees, etc. it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2); it considers that it is likely that the agreement will infringe the section 34 prohibition; and. }37���\�YS�����%���Ǚb`:�5��q����%�_�V�ͼ��%�����B%��4�2���ʔ2@Ü˔�)ӻ�4�Tz$��;�r~�\�A��h}z"Z�����.�ߛ�V7�� u�✼wz�i if information relating to the anticipated merger enters the public domain after the application under subsection (1) is made, that there are good reasons for the applicant not notifying the Commission of the anticipated merger and not applying to the Commission for its decision, under section 57. “notice period” means such period as may be specified with a view to giving the Commission sufficient time to consider whether to oppose under subsection (2); “specified” means specified in a block exemption order. (3)  If an agreement to which the section 34 prohibition applies has been notified to the Commission under this section, no penalty shall be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period —, (4)  The date specified in a notice under subsection (3)(, the agreement is unlikely to infringe the section 34 prohibition, regardless of whether or not it is exempt; or. the Commission may give such directions as it considers appropriate for that purpose. —(1)  In connection with an investigation under section 62 —, —(1)  The Commission or any inspector may apply to a court for a warrant and the court may issue such a warrant if it is satisfied that —, Self-incrimination and savings for professional legal advisers. (2)  The Commission shall take no further action in relation to the section 47 prohibition with respect to the conduct to which this section applies, unless —, 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. 98 General preservation of employment terms, etc. (2)  Section 39 shall apply to any proposed recommendation under subsection (1). 0 which have not been produced as required; there are reasonable grounds for suspecting that —, there are on any premises documents which the Commission or the inspector has power under section 63 to require to be produced; and, if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or. which was provided to it by a party to the agreement, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(, (2)  The Commission shall take no further action in relation to the section 34 prohibition with respect to the agreement unless —, it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or. a party who provided a commitment has failed to adhere to one or more of the terms of the commitment, the date specified in a notice under subsection (5)(, the Commission has made a decision that an anticipated merger, if carried into effect, will not infringe the section 54 prohibition; and. (4)  Unless the context otherwise requires, a provision of this Act which is expressed to apply to, or in relation to, an agreement shall be read as applying, with the necessary modifications, equally to, or in relation to, a decision by an association of undertakings or a concerted practice.

(2)  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 —.

(4)  Nothing in this Part shall apply to any activity carried on by, any agreement entered into or any conduct on the part of —. A NEW COMPETITION ACT | cliffedekkerhofmeyr.com 4 SECTION/DESCRIPTION EXTRACTS OF PROVISION COMMENTS EXCESSIVE PRICING: Section 8(1)(a) and new Section 8(2) and 8(3) • Definition of “excessive pricing” 28 (1) to (5) and (7) and 29], [Canada Competition, s. 92 (1) (e) (i) and (ii); UK Competition 1998, ss. (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. (4)  A commitment may be released by the Commission where it has reasonable grounds for believing that the commitment is no longer necessary or appropriate for the purpose referred to in subsection (1), (1A) or (1B), whichever is applicable.

(2)  The Commission shall take no further action in relation to the section 54 prohibition with respect to the merger unless —.

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