Monday, September 30, 2019
ABSTRACT: Singapore competition law is concerned with prohibiting conduct that has appreciable adverse effects on competition. This article examines how the requirement to show appreciability is satisfied under the Section 34 Prohibition against anti-competitive agreements, and explores how the Competition and Consumer Commission of Singapore (CCCS) has recently adopted a more expansive approach to presuming appreciability. It also argues that the CCCS’s assessment of appreciability based on turnover and employee numbers obscures the concept of appreciability. This article further clarifies that the appreciability requirement is relevant under the Section 47 Prohibition against an abuse of dominance even though cases and guidelines have not expressly acknowledged this, and argues that a distinct assessment of appreciability should apply when finding an infringement of the Section 47 Prohibition.