SINGAPORE Law and Practice Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC
• an agreement that is necessary to avoid conflict with an international obligation of Sin - gapore and that is subject to an order by the Minister for Trade and Industry (the “Minister” ) • an agreement that is necessary for excep - tional and compelling reasons of public policy and that is subject to an order by the Minister; • any agreement that relates to any goods or services to the extent that any other written law or code of practice issued under any writ - ten law relating to competition gives another regulatory authority jurisdiction in the matter; • the supply of ordinary letter and postcard services by a person licensed and regulated under the Postal Services Act 1999; • the supply of piped potable water; • the supply of wastewater management ser - vices, including the collection, treatment and disposal of wastewater; • the supply of bus services by a licensed bus operator under the Bus Services Industry Act 2015; • the supply of rail services by any person licensed and regulated under the Rapid Tran - sit Systems Act 1995; • cargo terminal operations carried out by a person licensed and regulated under the Maritime and Port Authority of Singapore Act 1996; • the clearing and exchanging of articles undertaken by the Automated Clearing House established under the Banking (Clearing House) Regulations; or • any activity of the Singapore Clearing Houses Association in relation to its activities regard - ing the Automated Clearing House. Section 34 Prohibition also does not apply to agreements or conduct that give rise to net eco - nomic benefit (as provided in the Third Sched - ule). For a net economic benefit to be shown, the agreement or conduct must:
• contribute to improving production or distri - bution, or promoting technical or economic progress; • not impose on the undertakings concerned restrictions that are not indispensable to the attainment of those objectives; and • not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question. Additionally, Section 34 Prohibition does not apply to vertical agreements unless the Minister otherwise specifies by order (as set out in the Third Schedule). As of 12 April 2025, no such order had been made. Certain liner shipping agreements are exempted from the application of the Section 34 Prohibi - tion pursuant to a block exemption order (BEO), which first took effect on 1 July 2006 for five years and was extended twice until 31 Decem - ber 2020. A third extension was granted on 26 August 2020, which extended the BEO for an additional year until 31 December 2021. Upon the recommendation of the Commission and pursuant to the Competition (Block Exemption for Liner Shipping Agreements) (Amendment) Order 2021, the BEO has been extended for another three years, from 1 January 2022 to 31 December 2024, in respect of vessel sharing agreements for liner shipping services and price discussion agreements for feeder services. This BEO in respect of vessel-sharing agreements for liner shipping services and price discussion agreements for feeder services has been extend - ed for another five years, from 1 January 2025 to 31 December 2029, upon the recommendation of the CCCS on 28 October 2024 and pursuant to the Competition (Block Exemption for Liner Shipping Agreements) (Amendment) Order 2024. This BEO remains the only BEO that has been
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