High Court interprets vital term of Competition Act in case of price-fixing by warehouse operators

‘By object’ under section 34 of the Act refers to conduct that has ‘manifest anti-competitive economic rationale’

Tay Peck Gek
Published Thu, Jul 2, 2026 · 09:36 AM
    • This is the first time that the High Court has determined an appeal under the Competition Act.
    • This is the first time that the High Court has determined an appeal under the Competition Act. PHOTO: BT FILE

    [SINGAPORE] The High Court has defined a vital term of the Competition Act in the first appeal under this law, providing clarity on what conduct constitutes a restriction of competition.

    In an 113-page landmark judgment published on Tuesday (Jun 30), Justice Philip Jeyaretnam interpreted the phrase “by object” under section 34 of the Competition Act to refer to conduct that has a “manifest anti-competitive economic rationale”.

    Such conduct, as objectively assessed, has the aim, purpose or rationale to prevent, restrict or distort competition within the relevant market.