Competition Act 2004 · 2020 Revised Edition · Part 3 · Competition
61A. Power to require documents or information
Feedback & supportLast amended by an amending law of 2007.
Where the Commission —
Commission
“Commission” means the Competition and Consumer Commission of Singapore established by section 3;
has reasonable grounds for suspecting that any feature, or combination of features, of a market in Singapore for goods or services prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in Singapore; or
in considering an application for decision filed pursuant to section 44, 51, 57 or 58, has reasonable grounds for suspecting that —
the section 34 prohibition has been infringed by any agreement;
the section 47 prohibition has been infringed by any conduct;
the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or
the section 54 prohibition has been infringed by any merger,the Commission may, by written notice to any person, require the person to produce to the Commission a specified document, or to provide the Commission with specified information, which the Commission considers relates to any matter relevant to such purposes.
A notice under subsection (1) must indicate —
the purpose for which the specified document or specified information is required by the Commission; and
the nature of the offences created by sections 75 to 78.
The Commission may specify in the notice —
the time and place at which any document is to be produced or any information is to be provided; and
the manner and form in which it is to be produced or provided.
The power under this section to require a person (P) to produce a document includes the power —
if the document is produced —
to take copies of it or extracts from it; and
to require P, or any person who is a present or past officer of P, or is or was at any time employed by P, to provide an explanation of the document; or
if the document is not produced, to require P to state, to the best of P’s knowledge and belief, where it is.
For the purposes of subsection (1)(a), any reference to a feature of a market in Singapore for goods or services is construed as a reference to —
goods
“goods” includes —(a)buildings and other structures;(b)ships, aircraft and hovercraft;(c)gas and electricity; and(d)choses in action;
the structure of the market concerned or any aspect of that structure;
any conduct (whether or not in the market concerned) of one or more than one person who supplies or acquires goods or services in the market concerned; or
any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services,and, in this subsection, “conduct” includes any failure to act (whether or not intentional) and any other unintentional conduct.
In subsections (1) and (2), “specified” means —
specified or described in the notice; or
falling within a category which is specified or described in the notice.