SINGAPORE Law and Practice Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC
er qualify for full immunity or 100% reduction in financial penalties. The Leniency Plus System Under the Commission’s Leniency Plus system, a party involved in completely separate cartel activities in two different markets may benefit from additional reductions in the financial penal - ties imposed on it in the first market if that party provides information in respect of cartel activity in the second market. To be clear, the party does not need to be in receipt of leniency in respect of the first market to receive this reduction. The reduction in financial penalties will be in addi - tion to any reduction it would receive for its co- operation in the investigation in the first market. 3.2 Amnesty/Immunity See 3.1 Leniency . 3.3 Whistle-Blowers Individuals/businesses who are not directly involved in competition infringements can file an online complaint on the Commission’s website or call the Commission’s hotline in relation to anti-competitive activities. Persons who have useful information on car - tel activity in Singapore may also provide such information to the Commission via mail, email or the Commission’s hotline. Examples of useful information include: • companies/businesses that are part of the cartel; • origins of the cartel; • the nature of the industry where the cartel is operating; and • documents or other information evidencing the agreements, decisions or practices of the cartel.
In appropriate cases, individuals who whistle- blow on a cartel activity may receive a monetary reward, which is capped at SGD120,000. How - ever, the actual amount paid out is determined at the sole discretion of the Commission. Any monetary reward will be paid out only after the issuance of an infringement decision by the Commission. It is not a requirement for companies to have a hotline for internal reporting of cartel issues. As far as is known, there are no specific whistle- blower counsels in relation to cartel activity in Singapore. 4. Procedural Framework for Cartel Enforcement 4.1 Obtaining Evidence From Employees In general, company employees may be required to provide information (including an explanation of any document provided) to the Commission pursuant to a notice issued by the Commis - sion under Section 63 of the Competition Act. Employees may also be interviewed by the Com - mission’s officers during an inspection of the company’s premises. See 2.1 Initial Investiga- tion and 2.2 Dawn Raids/Search Warrants on the Commission’s powers of investigation. 4.2 Obtaining Documentary Evidence From Subject/Target Companies The Commission may generally obtain docu - ments and information from the company under investigation pursuant to the issuance of a writ - ten notice under Section 63 of the Competition Act and/or by entering the premises and con - ducting a search for such information under Sec - tions 64 and 65 of the Competition Act. Please see 2.1 Initial Investigation and 2.2 Dawn Raids/
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