INTERNATIONAL: SINGAPORE - COMPETITION AUTHORITY - MERGERS CONTROL - INFRINGEMENT DECISION - INTERIM MEASURES

Singapore: Grab/Uber merger – Observations from the CCCS’s first interim measures directions and merger infringement decisions

In September 2018, the CCCS (Competition and Consumer Commission of Singapore) issued its infringement decision on the merger between Grab and Uber, the first merger infringement decision issued by the authority since the prohibition came into force in July 2007. This was also the first case in which the CCCS issued interim measures directions on the parties soon after commencing its investigations. We set out six key observations arising from CCCS’s investigation of this merger, set against the backdrop of the merger control regime in Singapore, and provide some views on how this would impact future investigations.

I. Introduction 1. On 24 September 2018, the Competition and Consumer Commission of Singapore (“CCCS”) issued its infringement decision on the merger between Grab and Uber (“Grab/Uber merger”). This is the first infringement decision [1] issued against an anti-competitive merger since the prohibition under section 54 of the Competition Act (Cap. 50B) (“the Act”) (the “Section 54 Prohibition”) came into force on 1 July 2007. In its infringement decision, the CCCS levied financial penalties totalling approximately S$13 million ( €8.44 million) on Grab and Uber, and issued directions to remedy the substantial lessening of competition caused by the merger. 2. This is also the first time the CCCS used its powers to issue interim measures directions [2] under section 67(1A) of the Act. During the

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Authors

  • OC Queen Street (Singapore)
  • OC Queen Street (Singapore)

Quotation

Harikumar Pillay, Lip Hang Poh, Singapore: Grab/Uber merger – Observations from the CCCS’s first interim measures directions and merger infringement decisions, September 2019, Concurrences Review N° 3-2019, Art. N° 90784, www.concurrences.com

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