SINGAPORE Law and Practice Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC
are internal documents. After the Commission has considered the parties’ representations, it will finalise its infringement decision, which will set out the penalties and other remedies to be imposed, if any. 4.8 The Role of Experts The Commission comprises several divisions employing officers from various fields of exper - tise. In particular, the Legal and Business and Economics Divisions of the Commission com - prise officers who can provide expert economic and legal analyses in competition and consumer cases to ensure that the detection, investigation, decision and enforcement processes are fair, thorough and robust. In addition, where parties intend to make an application to the Commission for guidance or a decision on whether the agreement or conduct infringes the Section 34 Prohibition, they may require the assistance of experts in substantiat - ing certain information that must be included in an application to the Commission; for example, a definition of the relevant product and geo - graphic markets. 4.9 Possibility of Multiple Proceedings The Commission may undertake several inves - tigations at the same time based on the same or related facts. 5. Sanctions and Remedies in Criminal Cartel Enforcement 5.1 Imposition of Sanctions/Fines The Competition Act gives the Commission the power to enforce the Section 34 Prohibition. Where the Commission has made a decision finding that the Section 34 Prohibition has been infringed, the Commission may give directions
that it considers appropriate to bring the infringe - ment to an end. These directions may require the person concerned to modify or terminate the agreement or conduct, report periodically to the Commission on certain matters, and may even require undertakings to make structural changes to their business, where appropriate. The Com - mission is not limited to giving directions to the infringing parties. In general, directions will typically take effect immediately unless the Commission provides for a period within which to comply with a direction. An appeal to the Board or a relevant appeal court will not suspend a direction unless an interim order is made by the Board or relevant appeal court. In addition, the Competition Act provides that the Commission has the discretion to give a direc - tion imposing a financial penalty on any party that has intentionally or negligently infringed the Section 34 Prohibition. The imposition of finan - cial penalties reflects the seriousness of the infringement and serves as an effective deter - rent. The penalty imposed may be up to 10% of the turnover of the undertaking’s business in Sin - gapore for each year of infringement, up to a maximum of three years. The Commission has considered that intention or negligence relates to the facts, not the law. This means that igno - rance or a mistake of law is no bar to a finding of intentional or negligent infringement. 5.2 Plea Bargaining/Settlement As noted in 2.9 Arguments Against Enforce- ment Actions , entities under investigation may come forward to voluntarily offer legally bind - ing commitments to address the competition concerns identified by the Commission at any
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