Competition Law
Business Groups
Arbitration


Counting on Competition
(Article was first published
in the November Issue of
Asian-Counsel Magazine)


Guide to Market Dominance in Singapore


Guide to
Competition Law
Compliance in
Singapore


Guide to
Merger Control
in Singapore



GCR: An overview of the Singapore Merger Control Framework 2010


GCR: An overview of the Singapore Merger Control Framework 2009


Singapore: Competition Law Update 2008


Singapore’s New Competition Law: the First Year 2007

competition

Asian-Counsel's survey (Representing Corporate Asia) names Drew & Napier LLC as the leading anti-trust firm in Singapore for 3 straight years.

Drew & Napier LLC’s Competition Law Practice Group has many years of experience and is at the forefront of competition law developments in Singapore. Our Group has extensive experience advising local and foreign MNCs on a wide range of competition issues pertaining to existing and future business practices and commercial undertakings to ensure competition compliance. Where there has been a breach of competition rules, our advice will also aim to minimise exposure and ensure compliance with minimal disruption to existing operations.

Pre-Competition Act 2005

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Drew & Napier’s Competition Law Practice Group was established in 1999, six years before the enactment of the Competition Act in 2005. Our experience has grown in tandem with the development of both national and sectoral competition laws in Singapore. Today, we are one of the largest in Singapore.

We were appointed by the sectoral regulator to draft the original telecommunications and media competition frameworks in 2000 and 2003 respectively. Subsequently, we have worked on every noteworthy competition law-related matter in these sectors. That and the experience we have gained since, now underpins our expertise in the area of Competition Law.

In 2006, we were appointed by the sectoral regulator to advise and draft the competition framework for the newly liberalised postal industry. In the same year, we were also appointed by the recently established Competition Commission of Singapore (CCS) to undertake their first ever public research into the effects on competition in Singapore arising from price recommendations by trade associations.

Since the enactment of the Competition Act, we have been advising our clients on a variety of competition issues, including the preparation of individualised competition law compliance programs and “dawn raid guidelines”. We have also made several filings on behalf of our clients with the CCS in relation to certain commercial agreements and business practices, as well as obtained the first ever merger approval issued by the CCS under the Competition Act.

We provide pragmatic advice with an aim to minimising change for our clients which over the years, have included companies from the cement, gas, information technology, energy, chemicals, pharmaceutical, biotechnology, tobacco, telecommunications, engineering, transportation and aviation industries. We have also been advising sectoral regulators on industry specific competition policy, and continue to do so, since the inception of our practice.

Our Capabilities

Our Competition Law Practice Group advises on a full range of competition law matters covering the broad areas of:

  • Competition Advisory
  • Merger Clearance
  • Compliance Programs and Handling Investigations
  • Dispute Resolution
  • Regulatory Advice and Enforcement
  • Legislative Drafting

Competition Advisory

Our Group advises clients on a full spectrum of competition law issues including reviewing potentially anti-competitive agreements and practices, as well as conducting audits on business practices and arrangements. This includes assisting our clients by preventing their suppliers, customers and competitors from carrying out anti-competitive strategies against their businesses. We have also advised market players in the carved-out sectors of telecommunications, media, energy and post, on both regulatory and compliance issues.

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  • Conducted a study commissioned by CCS on the effects of price recommendations by trade and professional associations on competition in Singapore.
  • Advised a multi-national gas company on anti-competitive provisions in an existing agreement.
  • Advised a Singapore listed IT solutions company on its proposed distribution agreement under the Competition Act.
  • Advised a multi-national pharmaceuticals company on competition and anti-boycott laws in Singapore.
  • Conducted a competition law due diligence for an intended purchaser in the auction sale of a waste treatment company.
  • Advised an international biotechnological company on its proposed distribution agreement under the Competition Act.
  • Advised a multi-national facility engineering company on competition law aspects of its restructuring.
  • Acted for an international payment network administrator in its notifications for guidance and decision before CCS.
  • Advised a multi-national chemicals company on its distribution and licensing arrangements under the Competition Act.
  • Advised a multi-national elevator company on the permissibility of a business referral system under the Competition Act.
  • Advised a global transportation company in its submissions to CCS during the public consultation of the draft Competition Act guidelines.
  • Advised an international aviation equipment manufacturer on the anti-trust aspects of its joint venture in Singapore.
  • Advised a global telecommunications carrier on sectorial competition provisions relating to an acquisition of shares in a Singapore telecommunications operator.
  • Advised a major Singapore energy player on sectorial competition issues under the applicable competition framework legislations for the gas and electricity markets.
  • Advised a global telecommunications company on price fixing provisions for the re-sale of international telecommunication services.
  • Advised a Singapore listed company on issues relating to exclusive dealing, mandatory bundling and predatory pricing under the Media Market Conduct Code.

Mergers Clearance

We advise companies on the competition law aspects of their proposed mergers and acquisitions, and prepare and lodge merger filings on behalf of our clients.

We successfully obtained merger clearances for four major telecommunications consolidations under the Telecoms Competiton Code, and filed the first merger notification under the Competition Act.

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  • Filed and successfully obtained approval for the first ever merger notification under the Competition Act, for Intel and ST Microelectronics with respect to a US$3.6 billion world-wide merger of their flash memory business units.
  • Advised on Singapore merger filing requirements in respect of a EUR 5.3 billion worldwide acquisition of a business line of a leading F&B MNC.
  • Secured unconditional merger control approval from the telecommunications regulator in respect of the takeover of Pacific Internet, a regional ISP-services giant, by Connect Holdings.
  • Obtained competition law merger control approval from the telecommunications regulator in respect of the takeover of AsiaNetcom by C2C.
  • Obtained competition law merger control approval from the telecommunications regulator in respect of the takeover of Reliance Telecom by FLAG.
  • Obtained competition law merger control approval from the telecommunications regulator in respect of the takeover of SBC by AT&T.
  • Acted for the telecommunications regulator in conducting a competition merger review involving the consolidation of StarHub and Singapore Cable Vision (SCV) under the Telecom Competition Code.
  • Advised a leading international gas company on the competition law aspects of its proposed acquisitions in Singapore.

Compliance Programs and Handling Investigations

Our Group has assisted companies from a cross-section of industries in structuring and implementing compliance programmes and “dawn raid” guidelines as well as advising on how to handle investigations conducted by competition regulators. We provide immediate assistance to companies in the event of a “dawn raid” by the competition regulator to manage the investigation process by minimising exposure and to protect the confidentiality of commercially sensitive information.

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  • Acted for a Singapore listed company in conducting a comprehensive audit of its business practices, existing agreements, and business arrangements to facilitate compliance with the Competition Act
  • Acted for a Singapore government-linked company in the structuring and implementation of a competition law compliance programme.
  • Advised a Singapore trade association on competition law compliance.
  • Advised an international payment network administrator in the roll-out of its Singapore competition law compliance programme.
  • Advised an MNC in the cement and concrete industry on competition compliance with the Competition Act.
  • Advised a multi-national tobacco company on competition law dawn raid guidelines.
  • Advised global carriers on, and reviewing of their, telecommunication equipment and service agreements to ensure compliance with the provisions of the Telecom Competition Code.
  • Conducted seminars and training programs to educate large MNCs on how to ensure their operational practices are competition compliant and how to ensure their internal decision making processes are rigorous enough to withstand scrutiny by the competition regulator.

Dawn Raid Hotline: +65 9726 0573

Dispute Resolution

We defend MNCs and conglomerates being investigated, by the CCS and other competition regulators, for alleged anti-competitive behaviour. We also represent regulators in handling complaints and in appeals against their decisions. Our dispute resolution team has significant domestic and international experience and has achieved an exceptional track record.

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  • Representing a prominent group of companies listed on the Singapore Stock Exchange in respect of an investigation by CCS.  The investigation concerned in allegations of abuse of dominance under section 47 of the Competition Act.
  • Representing a multi-national company in a cartel case before CCS.  This case involved allegations of bid-rigging and price fixing in multiple jurisdictions and required coordination with a worldwide legal team of advisors.
  • Representing an American company with a Singapore subsidiary in an investigation by the United States Department of Justice’s anti-trust division into an allegation of “gun-jumping” in relation to merger issues.
  • Representing an industry player in an investigation by the media regulator into allegations of anti-competitive behaviour.

Regulatory Advice and Enforcement

We advise and represent national and sectoral regulators on enforcement actions for breach of competition laws and regulations.

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  • Advising the telecommunications regulator in respect of numerous disputes and complaints under the Telecommunications Competition Code.
  • Advised the telecommunications regulator on enforcement action for contravention of the anti-competitive provisions in the Telecom Competition Code (including abuse of dominance and anti-competitive arrangements).
  • Acted for telecommunications regulator in the dispute between SingTel and Singapore Cable Vision over facility access issues.

Competition Law Legislative Drafting and Policy Advice

No other practice comes close to matching our experience in the reviewing and drafting of competition legislation and policy formulation.

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  • Lead Singapore counsel in advising on the liberalisation of the Singapore postal industry, including drafting of the proposed Postal Competition Code.
  • Lead Singapore counsel for drafting of the Telecom Competition Code 2005, consolidation framework and other Code guidelines.
  • Drafting of the framework for reviewing the competitive effects of merger and acquisitions in the telecommunications industry.
  • Drafted Singapore’s first interconnection, market access and infrastructure sharing framework to regulate competition in the telecommunications industry.
  • Drafting of the Media Market Conduct Code 2003 to introduce competition regulations to the media and print industry.

Our multi-disciplinary team

Cavinder Bull, SC and Lim Chong Kin co-head the Practice, which consists of a dedicated and experienced team of lawyers who have handled competition law work under both the Competition Act and sectoral competition regimes.

Our multi-disciplinary team includes top-notch in-house competition economics expertise with a keen understanding of economic policy in Singapore led by Director, Ng Ee Kia Joy, who was formerly the director of economics at the CCS. International lawyers who have worked at overseas competition regulatory authorities further add to the Group’s breadth of experience.

Cavinder pic

Lim Chong Kin

Cavinder Bull, SC

Lim Chong Kin

Ng Ee Kia, Joy


Chambers Global 2007 lists Cavinder Bull, SC as a leading individual and states: “With a ‘promising pedigree,’ Cavinder Bull is known to interviewees as ‘intelligent, thorough and good with clients.’ Heavily involved in commercial and insolvency cases, Bull is forceful but commercial, say clients, and ‘a key component of the firm’s projected future success.’ ” Asia Pacific Legal 500 2006/2007 and 2007/2008 editions described Cavinder as a ‘rising star’ and a 'talent' respectively.


Who’s Who Legal: Singapore 2008 lists Lim Chong Kin as a leading lawyer for competition law and regulatory communications.

“Lim Chong Kin co-heads the competition law practice group at Drew & Napier LLC and is recommended for his experience in the telecoms sector. Lim works with both trade associations and companies on compliance programmes and he advised a dominant company on enforcement issues relating to competition laws.”

Chambers Asia: Asia’s Leading Lawyers for Business 2008: A Client’s Guide lists Lim Chong Kin as the only Band 1 lawyer in the field of TMT.

"Co-head of the competition law practice group, Chong Kin Lim is 'friendly, efficient, committed and approachable' and advises on regulatory, licensing, competition and market access issues.

Clients appreciate the fact that 'he quickly understands the issues and is sensitive to our tight deadlines.'"

For further information on our Competition Law Practice Group, please contact:

Cavinder Bull, SC (Litigation)
Lim Chong Kin
(Corporate)






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