Singapore legislation

Section 67

of Competition Act 2004

Section 67

Interim measures

Amended by23/200723/200723/200723/2007

(1)

If the Commission —

(a)

has reasonable grounds for suspecting that the section 34 prohibition or the section 47 prohibition has been infringed but has not completed its investigations into the matter; and

(b)

considers that it is necessary for it to act under this section as a matter of urgency for the purpose —

(i)

of preventing serious, irreparable damage to a particular person or category of persons; or

(ii)

of protecting the public interest,the Commission may give such directions as it considers appropriate for that purpose.

Amended by23/2007

(2)

If the Commission has reasonable grounds for suspecting that the section 54 prohibition —

(a)

will be infringed by an anticipated merger, if carried into effect; or

(b)

has been infringed by a merger,but has not completed its investigations into the matter, and considers that it is necessary for it to act under this section —

(c)

for the purpose of preventing any action that may prejudice —

(i)

the investigations; or

(ii)

the giving of any direction under section 69; or

(d)

as a matter of urgency for the purpose —

(i)

of preventing serious, irreparable damage to a particular person or category of persons; or

(ii)

of protecting the public interest,the Commission may give such directions as it considers appropriate for that purpose.

Amended by23/2007

(3)

Before giving a direction under this section, the Commission must —

(a)

give written notice to the person to whom it proposes to give the direction; and

(b)

give that person an opportunity to make representations.

(4)

A notice under subsection (3) must indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it.

(5)

A direction given under this section has effect while subsection (1) or (2) (as the case may be) applies, but may be replaced if the circumstances permit by a direction under section 69.

Amended by23/2007

(6)

In the case of a suspected infringement of the section 34 prohibition, sections 69(2)(a) and 85 also apply to directions given under this section.

(7)

In the case of a suspected infringement of the section 47 prohibition, sections 69(2)(b) and 85 also apply to directions given under this section.

(8)

In the case of a suspected infringement of the section 54 prohibition by an anticipated merger, if carried into effect, or a merger, sections 69(2)(c)(i) and (d)(i) and 85 also apply to directions given under this section.

Amended by23/2007