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’
[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.
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