SINGAPORE Law and Practice Contributed by: Lim Chong Kin and Corinne Chew, Drew & Napier LLC
vice providers. The parties were found to have engaged in anti-competitive co-ordination to exchange information on each other’s outward remittance rates for the Chinese Yuan. As of 12 April 2025, the investigation is still ongoing. 7.2 Use of AI and Algorithms In the E-commerce Platforms Market Study pub - lished on 10 September 2020, the Commission noted that the increased use of AI systems and algorithms in pricing decisions could increase the risk of collusion between competitors on digital platforms. Where AI or pricing algorithms are used to support or facilitate any preexist - ing or intended anti-competitive agreement or concerted practice, such activities are clearly subject to the existing enforcement framework. As long as algorithms are used to assist in the implementation of an anti-competitive agree - ment, liability for infringing the Section 34 Pro - hibition can be established based on evidence of the underlying anti-competitive agreement or concerted practice. To date, there have not been any enforcement actions involving the use of AI and/or pricing algorithms. 7.3 Monopolisation as a Cartel Offence Monopolisation or being a dominant player in a market is by itself not anti-competitive in Singa - pore. However, a dominant player should take caution not to infringe Section 47 of the Com - petition Act, which prohibits “any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in any market in Singapore” . 7.4 Focus on Certain Industries/Sectors The building construction sector has come under greater scrutiny in recent times for car - tel offences, with the Commission carrying out
unannounced inspections at companies for potential infringements of the Section 34 Pro - hibition. One of the two infringement decisions issued by the Commission in 2024 was in rela - tion to bid-rigging tenders for interior fit-out con - struction services. The recent anti-competitive agreements notifi - cations to the Commission mostly involve the aviation industry, however these notifications have all been closed following commitments or granted conditional clearance. Based on the Commission’s recent cartel enforce - ment decisions, some other industries and sec - tors that have come under scrutiny include remit - tance services and vulnerability management software and related support services. 7.5 Use of Messaging Applications and Chat Platforms As noted in 2.3 Spoliation of Evidence , it is an offence under the Competition Act to refuse to provide information, to destroy or falsify docu - ments, to provide false or misleading information, and/or to obstruct an officer of the Commission. Persons who are convicted of an offence may be sentenced to a term of imprisonment not exceeding 12 months, a fine not exceeding SGD10,000, or both. 7.6 “No Poach” and Labour Market Allocation Conduct In Singapore, “no poach” agreements or labour market allocations are not automatically viewed as cartel offences. Nevertheless, the Section 34 Prohibition would apply equally to such agree - ments or allocations if they are found to have as their object or effect the prevention, restriction or distortion of competition within Singapore.
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