COMPETITION ECONOMIST

About Ee Kia

Areas of Practice

Ee Kia has extensive experience in competition policy, economics and law, as well as economic regulations, particularly in the telecommunications industry. Some of the noteworthy projects that she had worked on while she was with the regulators include:

Competition

• Developing the policy framework for the merger regime in Singapore as well as the subsequent substantive and procedural merger guidelines.
• Leading the CCS’s assessment of the notification for decision submitted by British Airways and Qantas in relation to their Restated Joint Services Agreement. Undertook the first extensive review involving definition of the relevant markets and Net Economic Benefits by the CCS. The decision, which was the CCS’s first, was published in February 2007.
• Leading the CCS’s assessment of the notification for decision submitted by Qantas and Orangestar in relation to their cooperation agreement. The review similarly involved the definition of the relevant markets and an assessment of the competitive effects and the accompanying Net Economic Benefits. The decision was published in March 2007.
• Leading the CCS’s review in relations to the notifications for decision by Visa International on its Multilateral Interchange Fee arrangement.
• Leading the CCS’s assessment of three notifications for guidance in relation to a retail distribution arrangement, the exchange of information between competitors as well as the collection and dissemination of industry information by an association.
• Involving in the CCS’s investigation of more than ten complaints involving abuse of dominance, price fixing, bid rigging, etc, including leading the investigations in a number of cases.
• Developing the first Maritime Block Exemption Order (BEO) for liner shipping agreements in Singapore. The BEO was issued by the Minister of Trade & Industry on 14 July 2006.
• Conducting a number of market studies into specific sectors of the economy, including the effects of price recommendations on market pricing in some of these sectors
• Developing the framework for handling cross-sectoral competition issues arising from sectors that are excluded from the Competition Act.
• Developing strategies to engage and educate government agencies as well as the industry on competition policy and law.
• Providing advice to other Government agencies in relation to competition-related policies, such as market liberalisation, divestment of assets, and review of competition codes.

• Member of the team that worked on the full liberalisation of Singapore’s telecommunications market in year 2000 including market competitiveness assessment, design of the licensing framework which sought to balance between regulatory concerns and market investments to attract new entry, and subsequent licensing activities.
• Developing the IDA Telecom Competition Code, which is the first comprehensive piece of competition-related regulation in Singapore governing market access and competition regulation.
• Working on the IDA Telecom Consolidation Guidelines as well as the Guidelines on Mergers and Acquisitions in the Hong Kong Market which set out to guide the telecommunications industry in the area of mergers and acquisitions.
• Developing and conducting spectrum auctions for the 3G, 2G and LMDS frequency spectrum in Singapore including auction rules and the licensing framework.
• Evaluating several merger applications including the merger between StarHub, the second fullfledged fixed line operator in Singapore, and Singapore Cable Vision (SCV), the cable operator. The competition analysis included an assessment of anti-competitive concerns raised at both the horizontal and non-horizontal levels.
• Evaluating SingTel’s (Singapore’s incumbent fixed line operator) tariff rebalancing proposal for its local fixed line tariffs.
• Evaluating pricing tariff applications by the Hong Kong incumbent telecommunications operator’s telephony and data services which involved defining relevant markets and assessing the competitive landscape, reviewing the profitability of the prices, and determining whether the application disclosed the potential for predatory pricing, margin squeezing or other forms of anti-competitive conduct.
• Working with expert economist and Queen’s Counsel in the preparation of submissions to the Hong Kong Competition Appeal Board in relation to an appeal of the OFTA’s rejection of two tariff applications involving below-cost pricing. This 12-month litigation was eventually settled following extensive negotiations.
• Investigating disputes and complaints of misleading as well as anti-competitive behaviours, including a margin squeeze case which was the first case of its kind dealt with by OFTA. The conclusion of the investigation was confirmed by Professor Richard Whish, a renowned competition law expert.
• Heading a six-month LRIC model negotiation with the incumbent operator in Hong Kong which involves complex economics and cost modelling. The model established the basis for the introduction of a new form of carrier licence in Hong Kong.
• Conducting a study of the Hong Kong local leased circuit market which involved a survey amongst the users of this service and detailed analysis of the competitive processes. The paper was published on OFTA’s website and was also presented at the 31st ApecTel Working Group meeting.

• Obtaining a phase 2 merger approval from the CCS for Seagate’s proposed acquisition of Samsung's hard disk drive business; and assisting in the merger notification of the transaction to the CCS.
• Obtaining merger clearance from the CCS for Novartis AG, a large, multinational, pharmaceutical company in relation to its acquisition of Alcon Inc, a large competitor in the eye care industry. A Phase I clearance was successfully obtained despite the complex issues arising from the transaction.
• Obtaining merger clearance from the CCS in relation to a chemicals company’s worldwide acquisition of sole control of two joint venture companies.
• Advising one of the world’s largest FMCG companies on the competition law issues arising from its proposed acquisition of a consumer product company.
• Advising one of the world’s largest airlines on the competition law issues arising from its proposed share acquisition of a Chinese airline company.

• Representing Singapore Airlines Limited and Virgin Australia Pty Ltd and successfully obtaining a positive decision from the CCS in respect of a proposed alliance agreement between the airlines.
• Successfully obtaining a positive decision for All Nippon Airways, Continental and United Airlines in their notification for decision to the CCS in relation to their joint venture agreement.
• Assisting a major global mobile phone company undertake a review of proposed changes to distribution arrangements in Vietnam and Malaysia.
• Assisting a large multi-national electronics company to assess whether its distribution agreements are likely to infringe with competition law in Singapore, Thailand, Indonesia and Vietnam.
• Advising a pharmaceutical company on its contract terms and conditions for possible abuse of dominance in respect of tying and bundling issues.
• Advising the Consumer Association of Singapore (CASE) in relation to a complaint made to the CCS on an alleged abuse of dominance by CASE.
• Undertaking a review and provided advice in relation to a major airline’s previous participation in a collaborative arrangement.
• Advised a major credit card company on the potential impact of an operational change in relation to possible exposure under sections 34 and 47 of the Singapore Competition Act.

• Assisting in a competition law audit and assessment for a large international fast moving consumer goods company in relation to compliance with Malaysian competition law. The audit includes reviewing the company's sales, marketing and distribution activities as well as a review of the relevant agreements.
• Assisting an international pet food company in conducting a competition, anti-corruption and intellectual property compliance audit across ten jurisdictions in Asia-Pacific.
• Conducting a comprehensive competition law audit for the Malaysia operations of a leading Pan Asian FMCG company, ahead of the enforcement of the Malaysian Competition Act 2010 in January 2012.
• Creating a set of customised competition law compliance manual and dawn raid guidelines for a major company in the entertainment industry as well as carrying out a competition law audit and assessment on its business operations.

• Conducting a study for MDA to indentify international best practices for managing a competitive media market and to make recommendations on the appropriate regulatory framework for the local market.
• Leading a study commissioned by the CCS into the medical services industry. The scope of the study includes amongst other things, an assessment of the state of competition in the medical services sector and the implications of fee guidelines for medical services in Singapore.
• Leading a study commissioned by the Media Development Authority of Singapore (MDA), the IDA and the CCS on the competition issues in convergent media and telecommunications markets. This involved assessment of the state of the pay TV market in Singapore, in particular the effects of exclusive carriage agreements, and the bundling of media and telecoms services, on these convergent markets.
• Leading an international consortium appointed to study the development of competition policy and law, and to develop best practices in the introduction and implementation of competition policy and law for East Asian economies.

• Assisting the Singapore media industry regulator, MDA, in the implementation of a landmark decision which will see exclusive content obtained by a local Pay TV operator being mandatorily provided for cross-carriage by other local Pay TV operators.
• Advising the MDA on the joint bidding arrangement between StarHub Cable Vision and SingTel, in relation to the acquisition of broadcast rights for the 2010 World Cup from FIFA.
• Advising the IDA on the legal, regulatory and competition framework for the establishment of a National Authentication Framework (NAF) for Singapore.
• Part of an international consortium that provided consultancy services relating to the establishment of a national, neutral Internet exchange platform in Singapore.