Competition Act 2004 · 2020 Revised Edition · Part 3 · Competition
45. Effect of guidance
Feedback & supportLast amended by an amending law of 2007.
This section applies to an agreement if the Commission has determined an application under section 43 by giving guidance that —
Commission
“Commission” means the Competition and Consumer Commission of Singapore established by section 3;
the agreement is unlikely to infringe the section 34 prohibition, regardless of whether or not it is exempt; or
the agreement is likely to be exempt under a block exemption.
The Commission must not take any further action in relation to the section 34 prohibition with respect to an agreement to which this section applies, unless —
section 34 prohibition
“section 34 prohibition” means the prohibition referred to in section 34(1);
it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance;
it has reasonable grounds for suspecting that the information on which it based its guidance was incomplete, false or misleading in a material particular;
one of the parties to the agreement applies to it for a decision under section 44 with respect to the agreement; or
a complaint about the agreement has been made to it by a person who is not a party to the agreement.
No penalty may be imposed under this Part in respect of any infringement of the section 34 prohibition by an agreement to which this section applies.
The Commission may remove the immunity given by subsection (3) if —
it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2);
it considers that it is likely that the agreement will infringe the section 34 prohibition; and
it gives written notice to the party on whose application the guidance was given that it is removing the immunity as from the date specified in its notice.
If the Commission has reasonable grounds for suspecting that information —
on which it based its guidance; and
which was provided to it by a party to the agreement,was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.