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CCCS Guidelines
FAQs on CCS guidelines, explaining how competition laws are interpreted, enforced, and applied to various market scenarios, offering businesses and consumers clarity on regulatory expectations in Singapore.
1. What are the CCS guidelines?
The CCS guidelines set out how CCS will interpret and give effect to the Competition Act. It provides a conceptual and analytical framework for CCS in its analysis and evaluation of cases. It also provides transparency and greater clarity to businesses on how CCS will interpret and implement the competition law regime. The application of a set of CCS guidelines will depend on the specific facts and circumstances of a particular case. It is not binding on CCS and does not set a limit on the investigation and enforcement activities of CCS.
2. Does CCS guidelines have the effect of law?
The CCS guidelines are only indicative of CCS’s approach, and does not have the effect of the law. The guidelines are not a substitute for the Act and may be revised should the need arise. You should consider the facts and circumstances of each case when applying the guidelines and may wish to seek legal advice if in doubt about how you may be affected by the Act.
3. How many guidelines has CCS issued?
Currently, 12 sets of guidelines can be found on CCS website. The guidelines are:
CCS Guidelines on the Major Competition Provisions
CCS Guidelines on the Section 34 Prohibition
CCS Guidelines on the Section 47 Prohibition
CCS Guidelines on the Substantive Assessment of Mergers
CCS Guidelines on Merger Procedures
CCS Guidelines on Market Definition
CCS Guidelines on the Powers of Investigation in Competition Cases 2016
CCS Guidelines on Directions and Remedies
CCS Guidelines on Lenient Treatment for Undertakings Coming Forward with Information on Cartel Activity 2016
CCS Guidelines on Filing Notifications for Guidance or Decision with respect to the Section 34 Prohibition and Section 47 Prohibition 2016
CCS Guidelines on the Appropriate Amount of Penalty in Competition Cases
CCS Guidelines on the Treatment of Intellectual Property Rights
The Practice Statements published to date:
CCS Practice Statement on the Fast Track Procedure for Section 34 and Section 47 Cases
4. Can the CCS issue a guideline for my industry?
The existing guidelines indicate the types of activity or conduct across industries, which are affected by the Competition Act. Businesses should be able to apply the guidelines to their own sectors. Should a person be in doubt as to how his business may be affected by the Act, he may wish to seek legal advice or notify his conduct/agreement to CCS for guidance/decision. CCS is also open to requests to give presentations to industry associations to help them better understand the relevant guidelines.
5. Where can I find the guidelines?
You can find the guidelines on the CCS website.
6. Is there some sort of summary for the guidelines?
The CCS Guideline on the Major Competition Provisions contains a summary of all the guidelines that CCS has issued. You can find it on the CCS website.