Singapore legislation

Clause 91

Anti-competitive agreements and conduct

(1)

Subject to this section —

(a)

any agreement, decision or concerted practice specified in a code of practice issued under section 89(1) which has as its object or effect the prevention, restriction or distortion of competition in, or in any part of, the armed security industry in Singapore; and

(b)

any conduct on the part of one or more employers of Auxiliary Police Forces which amounts to the abuse of a dominant position in, or in any part of, the armed security industry in Singapore and which may affect the armed security industry within Singapore,is prohibited.

(2)

Subsection (1)(a) shall apply —

(a)

only if the agreement, decision or concerted practice is, or is intended to be, implemented in Singapore; and

(b)

whether the agreement, decision or concerted practice is implemented before, on or after the appointed day.

(3)

Subject to this section, any agreement, decision or concerted practice prohibited by subsection (1)(a) is void.

(4)

An employer of an Auxiliary Police Force is in a dominant position where, in the Commissioner’s opinion, that employer is able to act without significant competitive restraint from its competitors.

(5)

In considering whether an employer of an Auxiliary Police Force is in a dominant position, the Commissioner shall have regard to relevant matters, including such matters as may be specified in a code of practice issued under section 89(1).

(6)

For the purposes of this section, the Commissioner may, by notification in the Gazette, specify the employers of Auxiliary Police Forces whom he considers to have a dominant or non-dominant position in, or in any part of, the armed security industry in Singapore.

(7)

The Commissioner may, on the application of any employer of an Auxiliary Police Force or on his own initiative, grant an exemption from subsection (1) in relation to any agreement, decision, concerted practice or conduct.

(8)

An exemption under subsection (7) —

(a)

may be granted subject to such conditions or obligations as the Commissioner considers appropriate;

(b)

shall have effect for such period as the Commissioner considers appropriate; and

(c)

shall be in writing and sent by the Commissioner to the person to whom the exemption is granted.

(9)

An exemption granted under subsection (7) shall, unless previously revoked in accordance with the terms of the exemption or under subsection (10), continue in force for such period as is specified in such exemption.

(10)

The Commissioner may, with the approval of the Minister, on the application of any employer or on his own initiative —

(a)

extend the period for which an exemption granted under subsection (1) has effect or revoke the exemption;

(b)

vary or remove any condition or obligation specified in an exemption; and

(c)

impose one or more additional conditions or obligations in an exemption.

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