Appeals

If a business disagrees with CCS's decision on the infringement finding as well as the directions and/or financial penalty to be imposed, it can appeal to the Competition Appeal Board.

The Competition Appeal Board is an independent body comprising members appointed by the Minister for Trade and Industry. The current Chairman is former Judicial Commissioner of the Supreme Court, Mr Tan Puay Boon. If a business is not satisfied with the decision of the Competition Appeal Board, it may appeal to the High Court and thereafter to the Court of Appeal, but only on a point of law and on the amount of the financial penalty.

Information regarding the Competition Appeal Board can be found here.

If the business wishes to file an appeal, it should lodge a notice of appeal to the Competition Appeal Board addressed to:

Secretary to the Competition Appeal Board
100 High Street
The Treasury #04-04
Singapore 179434

The requirements for filing a notice of appeal are set out in the Competition (Appeals) Regulations.

The notice of appeal should state the name and address of the applicant; the name and address of the appellant's authorised representative or legal representative and an address in Singapore for the service of documents. The notice of appeal should also contain a concise statement of the facts; a summary of the grounds for appealing against or with respect to the contested decision of CCS; a succinct presentation of the arguments of fact or law supporting each ground of appeal; and the reliefs or directions (if any) sought by the appellant. The notice of appeal should also be signed and dated by the appellant, or by his authorised representative or legal representative. It should also be accompanied by a copy of the contested decision and the appropriate fee for the filing of an appeal.

If the appeal relates to a decision and/or direction (including the imposition and/or the amount of any financial penalty) in relation to the section 34 and 47 prohibitions or for or in relation to the cancellation of a block exemption in respect of an agreement, the notice of appeal has to be lodged within 2 months of the date on which the appellant was notified of the contested decision or the date of publication of the decision, whichever is earlier.

If the appeal relates to a decision and/or direction (including the imposition and/or the amount of any financial penalty) in relation to the section 54 prohibition or for or in relation to a refusal to vary, substitute or release a commitment accepted under section 60A of the Competition Act, the notice of appeal has to be lodged within 4 weeks of the date on which the appellant was notified of the contested decision or the date of publication of the decision, whichever is earlier.

More information about filing an appeal can be found on the CAB website.

Any party to an agreement, any party to an anticipated or completed merger or any person in respect of whose conduct the CCS has made a decision may appeal to the Competition Appeal Board.

Any person, other than a person referred to above, to whom CCS has given a direction under sections 58A, 67 or 69 of the Competition Act may also appeal to the Competition Appeal Board.

The definition of "decision" refers to a decision by the CCS as to whether the sections 34, 47 and/or 54 prohibitions have been infringed, a decision for or in relation to the cancellation of a block exemption in respect of an agreement and a decision for or in relation to a refusal to vary, substitute or release a commitment accepted under section 60A of the Competition Act.

Any notice of appeal has to be accompanied by a filing fee of S$500.

At the conclusion of the appeal, the Competition Appeal Board may exercise its discretion to award costs of the appeal to either the appellant or CCS.

More information can be found in the Competition (Appeals) Regulations.