Singapore legislation

Section 69

of Gas Act 2001

Section 69

Agreements, etc., preventing, restricting or distorting competition

(1)

Subject to section 71, agreements, decisions or concerted practices by persons which have as their object or effect the prevention, restriction or distortion of competition in any gas market in Singapore are prohibited.

(2)

Subsection (1) applies, in particular, to agreements, decisions or concerted practices which —

(a)

directly or indirectly fix purchase or selling prices or any other trading conditions of gas in Singapore;

(b)

limit or control production, markets, technical development or investment in the gas industry in Singapore;

(c)

share markets or sources of supply of gas in Singapore;

(d)

apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;

(e)

make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or

(f)

provide for the acquisition, directly or indirectly, of shares in or the assets of a gas licensee.

(3)

Subsection (1) applies only if the agreement, decision or practice is, or is intended to be, implemented in Singapore.

(4)

Subject to section 71, an agreement or a decision which is prohibited by subsection (1) is void.

(5)

Unless the context otherwise requires, a provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying, with the necessary modifications, equally to, or in relation to, a decision by any person or a concerted practice.

(6)

Subsection (1) applies to agreements, decisions and concerted practices implemented before, on or after 19 December 2003.