SINGAPORE Law and Practice Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC
• on 22 June 2017, the Commission and Japan’s Fair Trade Commission concluded a memorandum of co-operation; • on 30 August 2018, the Commission signed a memorandum of understanding with Indo - nesia’s Commission for the Supervision of Business Competition; • on 17 September 2019, the Commission con - cluded a memorandum of understanding with Canada’s Competition Bureau; • on 29 November 2021, the Commission signed a memorandum of understanding with the Philippine Competition Commission; and • on 29 December 2021, the Commission signed a memorandum of understanding with the State Administration for Market Regula - tion of the People’s Republic of China. Generally, the memoranda reinforce and formal - ise existing technical assistance and co-oper - ation between the Commission and these for- eign antitrust authorities. Co-operation includes work on areas such as information exchange, case notification, co-ordination of enforcement, technical co-operation and the sharing of experi - ences. On 16 May 2019, the Commission announced that it had joined the International Competition Network’s Framework on Competition Agency Procedures (CAP), as a founding member. The CAP advances basic non-binding principles on procedural fairness and transparency among antitrust agencies, and enables closer co-oper - ation through dialogue to better understand the processes of participating agencies. Form M1 requires the parties to state which other jurisdictions they intend to notify (or have notified) of the merger. Merger parties will also be asked if they would be willing to provide a waiver that allows the Commission to exchange
confidential information with competition agen - cies in other jurisdictions.
8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Parties have a right to appeal to the Competi - tion Appeal Board (the Board) against the Com - mission’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 Com - mission’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 decision, as long as it is a decision or direction that the Commis - sion itself could have given. While parties may appeal against the Commission’s refusal to vary, substitute 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 fur - ther 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
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