SINGAPORE Law and Practice Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC
8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Parties have a right to appeal to the Competition Appeal Board (the Board) against the Commission’s decision or direction (including interim measures). The Board is an independent body comprising members appointed by the Minister. Any merger party may appeal against the Commis - sion’s decision, whereas the Commission’s direction may be appealed by the party on which said direction is imposed. The Board can confirm, impose, revoke or vary a direction, or make any other direction or deci - sion, as long as it is a decision or direction that the Commission itself could have given. While parties may appeal against the Commission’s refusal to vary, sub - stitute or release existing commitments, they cannot appeal against the Commission’s refusal to accept any commitments offered. An appeal to the Board against a direction will not operate to suspend that direction, except in the case of appeals against financial penalties; the infringement decision and the direction will remain in effect (unless suspended by an interim order made by the Board or, in the case of a further appeal, the relevant appeal court). Further appeals against the decisions of the Board are limited only to points of law and the amount of the financial penalty imposed, and may be made to the General Division of the High Court and then to the Court of Appeal. Appeals are brought by way of originating application, and the procedure governing the appeal is set out in Order 20 of the Rules of Court 2021. Only a party to the proceedings at which the Board reached its decision can make such appeals. The General Division of the High Court may determine any such appeal by confirming, modifying or reversing the Board’s decision and making such further or other order on appeal. There is no further appeal right from the Court of Appeal. 8.2 Typical Timeline for Appeals Parties that wish to appeal to the Board must lodge a notice of appeal in the prescribed form within four weeks of the date on which they were notified of the
contested decision or the date of publication of the decision, whichever is earlier. The Board may, at its discretion and on the appellant’s application, extend the time limit provided for lodging a notice of appeal. As soon as is practicable, the Board will: • set a timetable outlining the preparatory steps to be taken by the parties for the oral hearing of the appeal; • fix the hearing date; • notify the parties in writing of the timetable and the date and place of the hearing; and • send the parties a report summarising the factual context of the case and the parties’ principal sub - missions, if it is considered to be necessary for the expeditious disposal of the appeal. As of 15 May 2026, there has only been one appeal filed before the Board in respect of the Section 54 Pro - hibition in Singapore. The matter concerned Uber’s appeal against the Commission’s decision issued on 24 September 2018, which found that Grab and Uber had infringed the Section 54 Prohibition. Uber filed its notice of appeal on 20 October 2018 and the Board dismissed the appeal on 29 December 2020, upholding the Commission’s financial penalties and directions. In addition, the Board awarded costs of the appeal to the Commission. 8.3 Ability of Third Parties to Appeal Clearance Decisions Parties to an anticipated merger or a completed merg - er have a right to appeal against the Commission’s decision. Any other person to whom the Commission has given a direction under Sections 58A, 67 or 69 of the Competition Act may also appeal to the Board. As of 15 May 2026, there have been no cases in which third parties have brought an appeal against a clear - ance decision by the Commission.
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