Module Application
- Does your organisation know and understand its obligations in respect of competition and consumer law?
- Does the organisation have an effective compliance framework in place that is designed to ensure that it complies with its obligations under competition and consumer laws in Singapore?
Module Scope
The COMPETITION AND CONSUMER module informs the Singaporean organisations of their legislated legal competition and consumer obligations. The module also demonstrates effective practical advice and assistance to the Singaporean organisation to implement procedures and processes that will ensure compliance and regulatory accountability throughout all levels of the entity.
The COMPETITION AND CONSUMER module advises Singaporean organisations of the processes and procedures they need to implement to ensure compliance with all legal and regulatory obligations. Core legal and regulatory obligations are based on considerations of the broad questions determining;
- Decision making;
- Accountability;
- Stewardship;
- Direction; and
- Control
To fulfil its purpose the module focuses on providing practical assistance to the Singaporean organisation establishing and maintaining a robust foundational framework that determines;
- How the organisation will function;
- Who is the responsible decision maker;
- What matters are relevant to the decision-making process; and
- Whether the desired outcome has been achieved.
Organisations, their employees and authorised individuals are all expected to be familiar with the broad landscape of legal obligations to which they are subject as well as more specific obligations relevant to the particular sector they are operating in. The COMPETITION AND CONSUMER module should be subscribed by all Singaporean organisations dealing with consumers, their employees and authorised individuals. The aim of the module is to equip the subscriber with knowledge of their obligations and the skills they require to establish relevant systems and processes to ensure compliance with competition and consumer regulations throughout the organisation.
The broad scope of the COMPETITION AND CONSUMER module is to provide answers to these questions;
- What are our legal obligations?
- From where are our legal obligations derived?
- How can we ensure that we are complying with our legal obligations? and
- What are the consequences if we are not complying with our legal obligations?
The COMPETITION AND CONSUMER module covers all legislated legal obligations of Singaporean organisations and demonstrates practical assistance and guidance to ensure that these obligations are complied with through the implementation and maintenance of best practice processes throughout the organisation. The module also covers the role of the regulator as well as exemptions to the obligations, if applicable, and how they may or may not apply in particular circumstances.
The module fulfils this objective by comprehensively covering three areas;
- Legislation;
- Obligations; and
- Consequences.
- The legislative and regulatory landscape from which the primary legal obligations are derived;
- Competition Act (Cap. 50B) (SNG)
- Competition Regulations 2007 (SNG)
- Competition (Block Exemption for Liner Shipping Agreements) Order (Cap. 50B, OR 1) (SNG)
- Consumer Protection (Fair Trading) Act (Cap. 52A) (SNG)
- Small Claims Tribunals Act (Cap. 308) (SNG)
- Consumer Protection (Trade Descriptions and Safety Requirements) Act (Cap. 53) (SNG)
- Consumer Protection (Fair Trading) (Opt-Out Practices) Regulations 2009 (SNG)
- Multi-Level Marketing and Pyramid Selling (Prohibition) Act (Cap. 190) (SNG)
- Multi-Level Marketing and Pyramid Selling (Excluded Schemes and Arrangements) Order (Cap. 190, OR 1) (SNG)
- Sale of Goods Act (Cap. 393) (SNG)
- Unfair Contract Terms Act (Cap. 396) (SNG)
- Hire-Purchase Act (Cap. 125) (SNG)
- Supply of Goods Act (Cap. 394) (SNG)
- Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations 2009 (SNG)
- Consumer Protection (Fair Trading) (Motor Vehicle Dealer Deposits) Regulations 2009 (SNG)
- Hire-Purchase (Motor Vehicles) Regulations 2013 (SNG)
- Consumer Protection (Consumer Goods Safety Requirements) Regulations 2011 (SNG)
- Consumer Protection (Safety Requirements) Regulations (SNG)
- Consumer Protection (Fair Trading) (Regulated Financial Products and Services) Regulations 2009 (SNG)
- The specific areas where legal and regulatory competition and consumer obligations apply to the organisation;
- Anti-Competition Agreements;
- General prohibition on anti-competitive agreements, decisions and practices;
- Price fixing and exchanging pricing;
- Sharing and exchanging non-pricing information;
- Bid rigging, joint purchasing and joint selling;
- Agreements to share markets of fix trading conditions;
- Licensing agreements;
- Relying on an exclusion to the prohibition on anti-competitive agreements; and
- Relying on a block exemption.
- M&A;
- General prohibition on anti-competition mergers and acquisitions;
- Horizontal mergers;
- Vertical mergers; and
- Conglomerate mergers.
- Investigation and Enforcement;
- Obligation to appear before investigating officer;
- Obligation to provide documents and information in relation to competition matters;
- Search and seizure in relation to competition matters;
- Compliance with interim measures in relation to competition matters; and
- Unfair and unlawful trade practices;
- Prohibition on false, misleading or deceptive conduct generally;
- Prohibition on false trade descriptions and representations;
- Prohibition on unconscionable conduct and undue influence;
- Supplying unsolicited goods or services;
- Supplying goods or services on a free trial basis;
- Prohibition on multi-level marketing and pyramid selling;
- Use of drip pricing; and
- Sales, discounts and promotions.
- Contracting with consumers;
- Contracts for the sale of goods;
- Direct sales contracts;
- Long-term holiday product contracts, time share contracts and related contracts;
- Motor vehicle sale contracts;
- Hire-purchase agreements – general requirements;
- Hire-purchase agreements and conditional sale agreements – additional requirements for regulated agreements;
- Hire-purchase agreements and conditional sale agreements – motor vehicles;
- Contracts for the hire of goods; and
- Contracts for the transfer of property of goods.
- Product safety requirements;
- Compliance with safety standards for non-controlled goods;
- Registration of suppliers and controlled goods;
- Supply of controlled goods;
- Ongoing obligations of registered suppliers; and
- Suspension or prohibition of supply of registered controlled goods.
- Investigation and enforcement of consumer protection matters;
- Obligation to submit to examination;
- Obligation to provide documents and information;
- Search and seizure
- Entering into a voluntary compliance agreement; and
- Injunctions and declarations.
3. Significant consequences can apply to Singaporean organisations, their employees and authorised individuals found to have breached or not complied with their legal obligations. These consequences vary considerably depending on the nature and extent of the breach or failure. The COMPETITION AND CONSUMER module covers specific consequences in detail and the role of regulators. They can include monetary penalties, disciplinary measures and even terms of imprisonment for individuals found to have committed serious criminal offences.
The COMPETITION AND CONSUMER module does not cover the rights or entitlements of individuals who have suffered damages or losses due to breaches of competition and consumer obligations by Singaporean organisations. The module does not cover the process that an entity or an individual would follow to report or seek compensation for the breach or their loss.