Competition Act 2004 · 2020 Revised Edition · Part 3 · Competition
52. Effect of guidance
Feedback & supportLast amended by an amending law of 2007.
This section applies to conduct if the Commission has determined an application under section 50 by giving guidance that the conduct is unlikely to infringe the section 47 prohibition.
Commission
“Commission” means the Competition and Consumer Commission of Singapore established by section 3;
The Commission must not take any further action in relation to the section 47 prohibition with respect to the conduct to which this section applies, unless —
section 47 prohibition
“section 47 prohibition” means the prohibition referred to in section 47(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; or
a complaint about the conduct has been made to it.
No penalty may be imposed under this Part in respect of any infringement of the section 47 prohibition by conduct 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 conduct in one of the circumstances mentioned in subsection (2);
it considers that it is likely that the conduct will infringe the section 47 prohibition; and
it gives written notice to the undertaking 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 an undertaking engaging in the conduct,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.