Notifying the Competition and Consumer Commission of Singapore (CCCS) of a Merger or Anticipated Merger

This article guides you through the process of notifying the CCCS of a merger or anticipated merger, as well as applying for a decision from CCCS regarding whether the proposed merger infringes the section 54 prohibition of the Competition Act.

Notifying CCCS: A Guide

Notifying CCCS of a Merger or Anticipated Merger

• Is it compulsory to notify CCCS?: No, but if CCCS conducts an investigation and identifies a Substantially Lessening of Competition (SLC) situation, it may direct the merged entity to remedy the SLC or impose financial penalties on merger parties.

Benefits of Voluntary Notification

• Merging parties can perform a self-assessment to determine if their merger would lead to an SLC.
• If they have concerns about whether the merger has resulted or may result in an SLC, they may notify CCCS and apply for a decision by CCCS as to whether a merger has infringed or will infringe section 54 of the Competition Act.

Application Fees

• For mergers involving small and medium enterprises (SMEs) in Singapore: SGD5,000
• Where the turnover of the target undertaking or turnover attributed to the acquired asset:
  • is equal to or less than SGD200 million: SGD15,000;
  • between SGD200 million and SGD600 million: SGD50,000;
  • above SGD600 million: SGD100,000.

The Application Regime

Phases of Assessment

• The assessment consists of two phases:
  • Phase 1: Review (indicative timeframe of 30 working days)
  • Phase 2: Review (endeavours to complete within 120 working days)

Publication of Non-Confidential Details

• After an application for decision is made, a summary of the non-confidential details of the application must be published on the CCCS website for public consultation.