INTRODUCTION TO COMPLAINTS
Complaints are useful in providing the CCS with information on potential anti-competitive activities in Singapore. If you suspect that any business, company, or organisation is engaged in an agreement or conduct that infringes the Competition Act, please contact us with your concerns.
Potential Complaints
Complaints can be lodged with regard to a suspected breach of any of the three prohibitions under the Competition Act.
Specifically, you may wish to lodge a complaint with the CCS if you think that:
a) any business, company, or organisation (for example, your competitors, customers or suppliers) is in breach of the section 34 prohibition and/or section 47 prohibition of the Competition Act,
or
b) any merger that has been, or will be, carried into effect after 1 July 2007 is in breach of the section 54 prohibition section of the Competition Act.
Please note that the CCS can only consider a complaint if: i) it relates to an agreement in force or conduct that took place after 1 January 2006 for the sections 34 and 47 prohibitions; or ii) it relates to a merger that has been or will be carried into effect after 1 July 2007 for the section 54 prohibition.
Exclusions from the Act
As the intent of the Competition Act is to regulate the conduct of market players, it does not apply to any activity, agreement or conduct undertaken by the Government or a statutory board, or any person acting on their behalf. The Act applies to commercial and economic activities carried out by private sector entities, regardless of whether the business is owned by a foreign entity, a Singapore entity, the Government or a statutory board.
Please refer to the links below for the various agreements, conduct and merger situations that are excluded from the sections 34, 47 and 54 prohibitions:
Exclusions from section 34 (see section 35 of the Competition Act)
Exclusions from section 47 (see section 48 of the Competition Act) Exclusions from section 54 exclusions (see section 55 of the Competition Act)
Complainants should note that complaints may not be pursued if the CCS is of the view that the agreement, conduct or merger is excluded.
Information Required for Submission of Complaint
There are two types of complaint forms: (a) the General Complaint Form for complaints relating to anti-competitive agreements and abuse of dominance and; (b) the Mergers Complaint Form relating to mergers that will, if carried into effect, infringe, or which have infringed, the prohibition against mergers which substantially lessen competition.
Due to the specific nature of complaints relating to mergers, please refer to the sub-section on mergers that substantially lessen competition for more information on how to submit the Mergers Complaint Form .
Both Complaint Forms will provide guidance on the type of information you need to submit to assist the CCS to adequately assess your complaint.
In general, we would require: 1) Information about you and the organization you represent (if applicable); 2) Information about the party or parties complained of; 3) A brief description of the agreement, conduct or merger that you are complaining against; and 4) Any other relevant information and supporting documents.
To enable the CCS to process your complaint quickly, you are strongly encouraged to submit your complaints online, using either the General Complaint Form or Mergers Complaint Form .
Should you have any queries on how to complete the Complaint Form, you can contact the CCS hotline at 1800- 325 8282 for assistance.
Complaint Procedures
The CCS will first check that the complaint falls within the scope of its powers under the Act. If it does not, the CCS may redirect you to the relevant agency. If the complaint cannot be substantiated, the matter will be closed. The CCS will inform you if it does not propose to take any action.
If the complaint can be substantiated with the relevant information, the CCS will evaluate and assess whether the agreement, conduct, anticipated merger or merger complained of is likely to have an appreciable adverse effect on competition.
The CCS may launch a formal investigation if there are reasonable grounds for suspecting that competition law has been breached by the agreement, conduct or merger (or in the case of anticipated mergers, will be breached if the merger is carried into effect). You may also be asked to provide further information. In deciding whether to launch a formal investigation, the CCS will also take into account its strategic priorities and merits of the case.
The CCS will acknowledge receipt of your complaint by the next working day and keep you posted on the outcome of your complaint.
Anonymous Complaints
We would prefer that complaints not be anonymous, as we will not be unable to revert to you for clarification or further details if no contact details are provided. The lack of sufficient information may make it difficult for the CCS to proceed further with its investigation of the complaint.
Confidentiality of Identity
To investigate a complaint fully, the CCS often needs to reveal the information obtained and the source of that information. If you are concerned about the disclosure of your identity, you should raise this with the CCS as soon as possible. The CCS will protect your identity as far as possible.
If you think any of the information you provide might seriously damage your commercial interests if it is disclosed, you should clearly mark it as confidential and explain why you think it should be treated as such. You should try to limit the amount of information over which you are claiming confidentiality. The CCS does not accept blanket requests for confidentiality. In the event that the CCS considers it necessary to reveal any of the confidential information you have provided, the CCS will discuss this with you.
Submission of Complaint
You can submit a complaint to the CCS via three channels:
Email You can download the General Complaint Form or Mergers Complaint Form and send us an email, with the relevant completed complaint form as an attachment, to ccs_complaints@ccs.gov.sg.
Post If you do not have access to email, you can alternatively send it by post to us at:
Competition Commission of Singapore 5 Maxwell Road #13-01, Tower Block MND Complex Singapore 069110 (Please mark "COMPLAINT" clearly on the top left hand corner of the envelope so that we can speed up the processing of your complaint.)
Fax Alternatively, you may fax the completed Complaint Form to us at 6224 6929.
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