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A Standalone Action for Singapore’s Competition Law Regime – Challenges and Opportunities

Jeremiah Lau

(2017) 29 SAcLJ 224

Abstract:
This article discusses whether introducing a standalone private action for damages to Singapore’s competition law regime is a good idea. Currently, there is only a follow-on action for damages available – private claimants have to wait for an infringement decision from the Competition Commission of Singapore before they have a chance of receiving damages. The policy goals and potential benefits of implementing a standalone action will be analysed. Practical issues with introducing this new action are examined – including a possible clash with the leniency regime of the Competition Commission of Singapore. Finally, several workarounds to these problems that have been implemented in other jurisdictions are discussed.