Regulation 1
Citation and commencement
This Order may be cited as the Competition (Financial Penalties) Order 2007 and shall come into operation on 11th July 2007.
/akn/sg/act/sub_leg/2004/CA-S372-2007
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Competition (Financial Penalties) Order 2007 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation CA-S372-2007 2004, currently marked in force and first recorded in 2004.
Citation and commencement
This Order may be cited as the Competition (Financial Penalties) Order 2007 and shall come into operation on 11th July 2007.
Definitions
In this Order —“applicable turnover” means the turnover of an undertaking for a business year determined in accordance with the Schedule, and where a business year does not equal 12 months, the applicable turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to that period;“business year” means a period of more than 6 months in respect of which an undertaking publishes accounts or, if no such accounts have been published for the period, prepares accounts;“financial penalty” means a financial penalty imposed by the Commission under section 69(2)(d) of the Act.
“applicable turnover” means the turnover of an undertaking for a business year determined in accordance with the Schedule, and where a business year does not equal 12 months, the applicable turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to that period;
“business year” means a period of more than 6 months in respect of which an undertaking publishes accounts or, if no such accounts have been published for the period, prepares accounts;
“financial penalty” means a financial penalty imposed by the Commission under section 69(2)(d) of the Act.
Determination of turnover for calculation of financial penalties
The turnover of an undertaking for the purposes of section 69(4) of the Act is the applicable turnover for the business year preceding the date on which the decision of the Commission is taken or, if figures are not available for that business year, the business year immediately preceding it.
Where, in the application of sub-paragraph (1), there is any period in respect of which there is no preceding business year, then the applicable turnover shall be the turnover for that period.
Payment of financial penalty by instalments
Where a person on whom a financial penalty has been imposed is allowed by the Commission, on or after 19th April 2010, to pay the financial penalty by instalments, the amount of each such instalment shall be calculated in accordance with the formula:where — Ais the duration of the instalment plan in years or a fraction of a year (for example, A = 2 if the duration of the instalment plan is 2 years, and 0.5 if the duration of the instalment plan is 6 months);Bis the amount of the financial penalty imposed; andCis the number of instalments allowed under the instalment plan.
Interest on late payment of financial penalty
Subject to sub-paragraph (3), where a person on whom a financial penalty has been imposed fails to pay in full the financial penalty or any instalment thereof by the date on which its payment is due, that person shall be liable to pay to the Commission interest, calculated on a monthly basis, on the outstanding amount of the financial penalty or instalment (as the case may be), at the rate of 6% for so long as such outstanding amount of the financial penalty or instalment remains unpaid.
For the purposes of sub-paragraph (1), any part of a month during which any outstanding amount of a financial penalty or an instalment thereof remains unpaid shall be treated as a full month.
In respect of any financial penalty that was imposed before 19th April 2010, interest shall be payable in accordance with sub-paragraph (1) only as from that date on the amount of the financial penalty or any instalment thereof that is outstanding on or after that date.