This year marked a significant escalation in the Competition and Consumer Commission of Singapore's (CCCS)’s enforcement efforts, with a particular focus on bid-rigging conduct. Key observations include:
• The CCCS is monitoring and acting against bid-rigging, regardless of the size of the contracts and companies involved: Bid-rigging enforcement will not only be taken against large, high-value contracts or entities. Recent cases show that the CCCS will pursue infringements regardless of entity or tender size / value.
• Bid-rigging enforcement against individuals stepped up: For the first time in the CCCS's enforcement history, an undertaking in his individual capacity was found liable for bid-rigging conduct. Independent contractors / self-employed individuals providing goods and services in their individual capacities should be mindful that enforcement action can be taken against them.
• You do not have to be a cartel member to be found liable: Facilitators of cartels in Singapore can be held liable for anti-competitive conduct even if they are not active in the affected market. It is enough that their actions actively contributed to restricting competition.
In this update, we explore these significant developments and what they mean for businesses, especially those engaged in tendering and competitive processes.
If you would like information or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:
Ameera ASHRAF
Head – Antitrust & Competition
d +65 6416 8113
e ameera.ashraf@wongpartnership.com
Click here to view Ameera's CV.
CHAN Jia Hui
Partner – Antitrust & Competition
d +65 6416 2794
e jiahui.chan@wongpartnership.com
Click here to view Jia Hui's CV.
Clarissa KOH
Partner – Antitrust & Competition
d +65 6517 8685
e clarissa.koh@wongpartnership.com
Click here to view Clarissa's CV.