CCS Issues Statement of Decision in respect of the Singapore Medical Association’s fee guidelines

24 Aug 2010

On 18 August 2010, the Competition Commission of Singapore (the “CCS”) published its final Statement of Decision in respect of the Singapore Medical Association’s (the “SMA”) Guidelines on Fees (“GOF”). The CCS concluded that the GOF infringed section 34 of the Competition Act1, and did not benefit from the Net Economic Benefit exclusion.

However, as the SMA had voluntarily removed the GOF in April 2007 prior to any investigation initiated by the CCS, there was no need for the CCS to take any further action on this matter.

This is the first time the CCS has issued a Statement of Decision concluding that a notified agreement infringes section 34 of the Competition Act.

As part of the CCS’ review, Drew and Napier LLC’s Competition Law Practice Group, together with its economic advisers, assisted the CCS in carrying out a market study into the medical services industry (“Market Study”). The Market Study took into account input from various industry stakeholders in Singapore, including the Ministry of Health, Singapore Medical Council, hospitals (restructured and private), various private specialist and GP clinics, insurance companies and the Consumer Association of Singapore.

To read the update, please click here.