Cartels 2025

SINGAPORE Law and Practice Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC

6.7 Costs/Fees See 6.6 Attorneys’ Fees . 6.8 Judicial Review or Appeal

part of the class and all the known members, and the class must be included in a list attached to the order of court. However, notwithstand - ing that representative and class actions may be brought, claimants still need to demonstrate that they have suffered loss or damage directly. 6.3 Indirect Purchasers and “Passing On” Defences While questions of indirect purchasers and “passing-on” defences have yet to be consid - ered in Singapore, it should be noted that only persons who suffer loss or damage directly as a result of an infringement of the Section 34 Prohibition may bring a private action under the Competition Act. Production of documents requirements under the Rules of Court will likely apply to evidence from the Commission’s investigations. 6.5 Frequency of Completion of Litigation As of 12 April 2025, there have not been any claims brought by individuals in the exercise of their private rights of action in respect of a viola - tion of the Section 34 Prohibition, nor have there been any publicly available details relating to any out-of-court settlements on the same. 6.6 Attorneys’ Fees In general, “costs follow the event” for most civil actions in Singapore. This means that the costs of an action (which may include fees, charges, disbursements, expenses and remuneration) are usually awarded to successful litigants, although any award of costs is subject to the court’s dis - cretion. 6.4 Evidence Obtained From Governmental Investigations/ Proceedings

In general, the normal avenues of appeal appli - cable to civil cases would apply. As noted in 6.5 Frequency of Completion of Litigation , there is no record of any claims brought by individuals in the exercise of their private rights of action. 7. Trends in Cartel Enforcement 7.1 Information Sharing as a Cartel Offence As noted in 1.4 “Cartel Conduct” , agreements to share information or exchanges of price informa - tion and/or non-price information are cited by the Commission’s Guidelines on the Section 34 Prohibition as examples of cartel activities. The exchange of information may be found to have an adverse effect on competition. For example, the exchange of price information may lead to price co-ordination. Additionally, it is not - ed that, generally, the more recent or current the information exchanged, the more likely that the exchange could have an appreciable effect on competition. However, the exchange of purely historical infor - mation or price trends are unlikely to have an appreciable effect on competition, especially if the exchange is part of a scheme of inter- business comparisons intended to spread best industrial practice, or if the information is col - lected, aggregated and disseminated by an independent party. On 25 November 2024, the Commission issued a proposed infringement decision in relation to information sharing involving two remittance ser -

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