PROMOTING COMPETITION PROTECTING CONSUMERS
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PROMOTING COMPETITION PROTECTING CONSUMERS A N N U A L R E P O R T 2 0 1 9 2 0 2 0
The Competition and Consumer Commission of Singapore (“CCCS”) administers and
enforces the Competition Act (Chapter 50B) which prohibits anti-competitive practices as
well as the Consumer Protection (Fair Trading) Act (Chapter 52A) or CPFTA which protects
consumers against unfair trade practices in Singapore. CCCS also represents Singapore
on competition matters and consumer protection matters in the international arena. In
addition, CCCS has a statutory duty to advise the government or other public authorities
on national needs and policies in respect of competition and consumer protection matters.
The functions of CCCS are supported by seven divisions, which include: (1) Business &
Economics, (2) Consumer Protection, (3) Corporate Affairs, (4) Enforcement,
(5) International, Communications & Planning; (6) Legal, and (7) Policy & Markets.
MISSION
Making markets work well to create
opportunities and choices for businesses and
consumers in Singapore.
ABOUT
VISION VALUES
A vibrant Integrity,
economy with Professionalism,
well-functioning Passion, Teamwork.
and innovative
markets.
THEME
“Promoting Competition, Protecting Consumers” reflects CCCS’s dual roles.
The city skyline, which mirrors that of Singapore’s, symbolises CCCS’s role of
“promoting competition”, while the umbrella signifies “protecting consumers”. The
barcode design further highlights the dawn of the new digital economy as well as the
organisation’s efforts to promote competition and protect consumers in this context.
04 CHAIRMAN’S
MESSAGE
06 CHIEF
EXECUTIVE’S
MESSAGE
08
10
COMMISSION
MEMBERS
SENIOR
MANAGEMENT
11 CCCS
ORGANISATION
12
STRUCTURE
CORPORATE
CONTENTS
GOVERNANCE
13 OVERVIEW OF
COMPLETED
CASES
14 ENFORCEMENT
30 OUTREACH &
ADVOCACY
38 INTERNATIONAL
ENGAGEMENTS
ANNUAL REPORT 2019 • 2020
CHAIRMAN’S
MESSAGE
In FY2019, CCCS continued on its mission of making markets
work well for businesses and consumers in Singapore.
CCCS had a significant year in
relation to our enforcement PROMOTING COMPETITION, PROTECTING
work as we made headway CONSUMERS
CCCS continued its rigorous enforcement against anti-
in enforcing the Consumer competitive conduct. Bid rigging is one of the most harmful
Protection (Fair Trading) Act types of anti-competitive conduct. It distorts the competitive
(CPFTA) to protect consumers bidding process and prevents businesses from getting the
best value for their tenders. The two noteworthy decisions
against unfair practices. over the year were in respect of quotations for Wildlife
CCCS also continued Reserves Singapore, and collusion by three companies
rigorous enforcement against involved in maintaining swimming pools and water features.
anticompetitive conduct.”
CCCS monitored key developments in the digital economy
to understand how e-commerce platforms potentially
Mr Aubeck Kam impact markets, businesses, and consumers in Singapore. In
Tse Tsuen September 2019, CCCS released its findings from a market
study on the online travel booking sector in Singapore. This
Chairman
was the first market study that examined both competition
and consumer protection issues since CCCS took on the role
of consumer protection in 2018. The study identified four
common practices of online booking providers that give
rise to consumer protection concerns. CCCS also set out its
recommendations to encourage these providers to adopt
transparent pricing practices.
Following the study, CCCS developed a set of guidelines
on price transparency to help suppliers avoid misleading
consumers and infringing the Consumer Protection
(Fair Trading) Act (“CPFTA”) in both online and offline
transactions. CCCS has sought public feedback on the
proposed guidelines and will be finalising them in 2020.
Our work in consumer protection saw CCCS taking on
persistently errant retailers, and Court orders were separately
issued against a car retailer and an e-commerce retailer.
Following CCCS’s investigation, two beauty parlours signed an
undertaking to cease unfair practices that misled consumers.
4
Competition And Consumer Commission Of Singapore
ANNUAL REPORT 2019 • 2020
STRENGTHENING PARTNERSHIPS dedicated management team and staff at CCCS.
We welcomed our first Memorandum of I am also grateful for the continuous support of
Understanding (“MoU”) with the Competition our partners and stakeholders.
Bureau Canada which covers both competition
and consumer protection. The MoU formalised I would like to take this opportunity to thank
and reinforced the existing cooperation and Mr Toh Han Li, who completed his tenure in
technical assistance activities between the October 2019, for his valuable contributions
two agencies. to CCCS. Mr Toh had been at CCCS for over a
decade and as its Chief Executive for the last six
CCCS continues to play an active role as one years. CCCS, under the leadership of Mr Toh,
of the founding members of the International achieved many “firsts”, including the issuance
Competition Network (“ICN”) Framework on of its first international cartel infringement
Competition Agency Procedures (“CAP”). decision in 2014 and the issuance of directions
in an anti-competitive merger between two ride-
Since broadening our mandate to include hailing firms in 2018. It was also under Mr Toh’s
consumer protection enforcement, CCCS leadership that CCCS took on the consumer
has actively participated in both international protection function, which is complementary to
and regional platforms, such as the ASEAN its mandate of promoting competition. I wish
Consumer Committee on Consumer Protection him all the best in his future endeavours.
(ACCP) meetings and the International
Consumer Protection Network’s (“ICPEN”) I would also like to thank Ms Aileen Chia and
annual conferences and best practices workshop. Mr Andrew Khoo, who have stepped down
from the Board, after many years of valuable
We are committed to working together contribution. At the same time, I would like
with researchers and academics to examine to welcome Ms Loo Siew Yee, who has been
developments and challenges on competition appointed with effect from 1 January 2020.
policy and law in the region. CCCS signed a two-
year MOU with the Asian Law and Economics Finally, a warm welcome to Ms Sia Aik Kor
Association (AsLEA) in June 2019 to co-sponsor who has taken over the helm as CCCS’s Chief
and act as a supporting organisation for the 2019 Executive with effect from 1 October 2019. Ms
and 2020 AsLEA Annual Conferences to further Sia is one of CCCS’s pioneers, and was its first
encourage research on competition issues. Director (Legal & Enforcement) from 2005 to
2010. Ms Sia oversaw the issuance of the first
infringement decision against a cartel in 2009,
IN APPRECIATION and put in place competition guidelines during
I thank my fellow commission members for the formative years of CCCS. I am confident
their invaluable commitment in guiding CCCS she will bring CCCS to new heights with her
in its decisions and applaud the efforts of our expertise and experience.
5
Competition And Consumer Commission Of Singapore
ANNUAL REPORT 2019 • 2020
CHIEF EXECUTIVE’S
MESSAGE
As we continue to I took over the role of Chief Executive in October 2019.
Having served previously as Director (Legal & Enforcement)
promote competition when then Competition Commission of Singapore was first
and protect consumers set up, I am deeply honoured to have the opportunity to
in Singapore, I am return and lead the commission, which has now expanded its
mandate to include consumer protection.
grateful for your
support and look
forward to contributing ENFORCING THE CONSUMER PROTECTION (FAIR
to CCCS’s continued TRADING) ACT
FY2019 marks the second year that we have taken on the
success.” consumer protection role. CCCS handled our first cases
involving consumer protection, as we took steps to enforce
Ms Sia Aik Kor the Consumer Protection (Fair Trading) Act (“CPFTA”).
We applied and obtained Court Orders in two cases – the
Chief Executive
first against car retailer “SG Vehicles” to cease unfair
trade practices over misrepresentations on the terms
and conditions of its sales agreements and the second
against an online shoe retailer “Fashion Interactive” to
stop it from engaging in an unfair trade practice known
as a “subscription trap”. Undertakings were secured from
“Charcoal Thai 1” (a food and beverage outlet) to end the
unfair trade practice of making misleading representations
on the discount period in its promotional materials, as well
as from “Wishing Well” and “Ruby Beauty” (which has since
changed its name to “Sun Beauty”) to cease their unfair
practices of using deceptive or misleading methods to
entice customers to sign up for packages.
The motoring and beauty industries have consistently
been ranked among the top three industries with the
highest number of complaints received by the Consumers
Association of Singapore in 2018 and 2019. CCCS is closely
monitoring these industries and will take action against
errant retailers for unfair practices under the CPFTA.
6
Competition And Consumer Commission Of Singapore
ANNUAL REPORT 2019 • 2020
CONTINUED ENFORCEMENT OF THE organised an essay competition, to educate the
COMPETITION ACT public on various consumer topics such as safe
On the competition front, CCCS continued online transactions, pre-payment protection,
its rigorous enforcement of the Competition and common sales tactics.
Act. In this regard, CCCS issued two proposed
infringement decisions against bid rigging Beyond businesses and consumers, CCCS
conduct. CCCS also obtained voluntary encourages government agencies to seek
commitments from two lift suppliers to sell lift advice on the likely impact of their policies
spare parts for maintenance of lifts in public and initiatives on competition, as well as to
housing estates to third-party contractors explore alternative options which can reduce
on a fair, reasonable, and non-discrimination any adverse impact to competition. In FY2019,
basis, bringing about potential cost savings CCCS issued 26 competition advisories,
for Town Councils. In addition, CCCS reviewed including one to the Building and Construction
5 merger and acquisitions, which spanned Authority (“BCA”) on the recognition of
sectors including healthcare, food, waste accreditation schemes for managing agents,
management, logistics, and shipbuilding. One as well as an advisory to the Ministry of Health
of the cases involved an in-depth phase 2 (“MOH”) on its initiative to extend subsidies for
review, and pertained to an acquisition involving vaccinations to the Community Health Assist
clinical laboratories which were considered Scheme General Practitioners. Besides providing
close competitors before the transaction. advisories to government agencies, CCCS
CCCS cleared the merger after accepting regularly conducts outreach activities targeted
commitments by the parties that included at government agencies and their officers
commitments on non-exclusivity and price. to raise awareness on competition matters.
For example, CCCS organised a Community
of Practice for Competition and Economic
REACHING OUT TO OUR STAKEHOLDERS Regulations (“COPCOMER”) Regulators Tea, on
CCCS continues to invest heavily in our outreach the topic “Digital Platforms – Interplay between
and advocacy efforts to ensure stakeholders Competition, Consumer Protection and Data
are well educated on the law, with the aim of Privacy”. Further, CCCS collaborated with the
discouraging anti-competitive and unfair trade Personal Data Protection Commission (“PDPC”)
practices from occurring in the first place. CCCS on a joint initiative on data portability. This
continues to regularly engage businesses, resulted in the provision of inputs by CCCS to
trade associations and chambers to help them PDPC’s proposal to introduce a data portability
understand how to benefit from competition obligation in Singapore. CCCS also provided
law, as well as encourage compliance as part of inputs to the second edition of the Model
good corporate governance. In FY2019, CCCS Artificial Intelligence Governance Framework
participated in over 30 outreach sessions. developed by PDPC.
To build awareness on consumer protection As we continue to promote competition
issues, CCCS participated in a series of publicity and protect consumers in Singapore, I am
events including roadshows, consumer fairs, grateful for your support and look forward to
bilingual radio talk shows, TV interviews, and contributing to CCCS’s continued success.
7
Competition And Consumer Commission Of Singapore
ANNUAL REPORT 2019 • 2020
COMMISSION
MEMBERS
Chairman
Mr Aubeck Member
Kam Ms Sia Member
Permanent Secretary Aik Kor Dr Andrew
Ministry of Manpower Ex-officio
Member of Human Khoo Cheng
Member
Resource Committee
with effect from Hoe Member
Mr Toh 1 Oct 2019 until 30 Sept 2019 Ms Aileen
Han Li Chief Executive Former Deputy Chia
Ex-officio
Competition Managing Director Chairman of Human
Member of Human and Consumer (Corporate Resource Committee
Resource Committee Commission of Development) until 31 Dec 2019
until 30 Sept 2019 Singapore Monetary Authority
of Singapore Deputy Chief
Chief Executive Executive (Policy,
Member
Competition Regulation & Prof Wong
and Consumer Competition
Commission of Development) / Poh Kam
Singapore Director-General Member of Audit
(Telecoms & Post) Committee
with effect from
Infocomm Media
1 Jan 2020
Development
Authority Professor
(Strategy & Policy)
School of Business
National University
of Singapore
8
Competition And Consumer Commission Of Singapore
ANNUAL REPORT 2019 • 2020
COMMISSION
MEMBERS
Member
Prof Euston Member
Quah Mr Kwek Member
Member of Audit
Committee
Mean Luck Ms Cindy
Chairman of Human
with effect from
1 Jan 2020 Resource Committee Khoo Seow
Professor and Member Solicitor-General Chyng Member
Head, Division of Mr Kan Yut Attorney-General’s
Chambers
with effect from
1 Apr 2019
Dr Faizal
Economics
Nanyang Keong, Director,
Bin Yahya
Technological
University
Benjamin Strategic Planning with effect from
1 Apr 2019
Chairman of Audit Strategic Group
Committee Prime Minister’s Senior Research
with effect from Office Fellow Member
1 Jan 2020
Institute of Policy
Retired Accountant Studies, National Ms Loo
Pricewaterhouse University of
Singapore
Siew Yee
Coopers with effect from
1 Jan 2020
Assistant
Managing Director
Policy, Payments &
Financial Crime
Monetary Authority
of Singapore
9
Competition And Consumer Commission Of Singapore
ANNUAL REPORT 2019 • 2020
Mr Toh
Han Li
Chief Ms Sia
Executive
until 30 Sept Aik Kor Ms Ng
2019 Chief Ee Kia
Executive
with effect from
Mr Lee Assistant Chief
1 Oct 2019 Cheow Han Executive
(Policy,
Assistant Chief
Business &
Executive
(Legal,
Economics) Ms Winnie
Enforcement Ching
& Consumer Director
Protection) (Legal)
SENIOR
MANAGEMENT
Mr Teo
Wee Guan
Senior Director
(International,
Communications
& Planning)
Mr Herbert
Fung Mr Tan
Senior Director Hi Lin
(Business &
Director (Policy
Mr Goh Economics)
& Markets)
Aik Hon
Director
(Corporate
Affairs)
Mr Jack
Teng
Director
(Consumer
Protection)
10
Competition And Consumer Commission Of SingaporeANNUAL REPORT 2019 • 2020
CCCS
ORGANISATION
STRUCTURE
Director
Legal
Assistant Chief Director
Executive Enforcement
Legal, Enforcement
& Consumer Director
Protection Consumer Protection
Senior Principal
Legal Counsel
Director
Corporate Affairs
CHAIRMAN AND Chief
COMMISSION Executive
MEMBERS CCCS Senior Director
International,
Communications
& Planning
Senior Director
Business &
Assistant Chief Economics
Executive
Policy, Business & Director
Economics Policy & Markets
Senior Principal
Economist
11
Competition And Consumer Commission Of SingaporeANNUAL REPORT 2019 • 2020
CORPORATE
GOVERNANCE
CHAIRMAN & COMMISSION MEMBERS BUSINESS & ETHICAL CONDUCT
The Commission oversees the core work of All CCCS officers are subject to the provisions
CCCS. It comprises the Chairman and eight of the Official Secrets Act, the Statutory Bodies
Commission Members. Appointed by the and Government Companies (Protection of
Minister for Trade and Industry, the Chairman Secrecy) Act and the Public Sector (Governance)
and the Commission Members bring with them Act 2018. In addition, the Competition Act
their expertise in legal, economic and financial contains provisions governing the disclosure of
domains from public and private sectors. information by CCCS officers. CCCS officers are
The non-executive Commission Members are also bound by CCCS’s Code of Conduct and are
remunerated based on Public Service Division obliged to adhere to internal policies to avoid
(“PSD”) guidelines. conflicts of interest.
HUMAN RESOURCE (“HR”) COMMITTEE AUDIT COMMITTEE
The HR Committee was set up in August 2007 The Audit Committee is chaired by Mr Kan Yut
and is currently chaired by Mr Kwek Mean Luck Keong (with effect from 5 November 2019) with
(with effect from 2 January 2020) with Ms Cindy Prof Euston Quah and Prof Wong Poh Kam as
Khoo and Ms Sia Aik Kor (with effect from 1 its members. Previously, the Committee was
October 2019) as its members. Previously, the chaired by Dr Andrew Khoo (until 30 September
Committee consisted of Ms Chia Aileen as its 2019) with Mr Kan Yut Keong and Prof Quah as
Chairman (until 31 December 2019) with Mr its members. The purpose of the Committee
Toh Han Li (until 30 September 2019) and Ms is to assist the Commission in areas relating
Cindy Khoo as its members. The purpose of the to audit, finance and accounting, regulatory
Committee is to advise the Commission with compliance, and risk management. In addition,
regard to the formulation and implementation the Committee reviews the audited annual
of HR policies in order to uphold a high standard financial statements and the adequacy of
of corporate governance within CCCS, and CCCS’s internal controls with the management,
promote the organisation as an employer of external auditors and internal auditors.
choice. The Committee also oversees staff
performance appraisals and decides on internal EXTERNAL AUDIT FUNCTIONS
disclosure and staff disciplinary cases. KPMG LLP was appointed by the Minister for
Trade and Industry in consultation with the
Auditor-General to audit the accounts of CCCS
for FY2019. The audited accounts were duly
approved by the Commission and the Minister
for Trade and Industry, with the Auditor-General
kept informed of the audited accounts.
12
Competition And Consumer Commission Of SingaporeOVERVIEW
ANNUAL REPORT 2019 • 2020
OF COMPLETED CASES
STATUS AS AT 31 MARCH 2020
SINCE CCCS
COMPETITION FY 2017 FY 2018 FY 2019 STARTED
(1 JANUARY 2005)
PRELIMINARY ENQUIRIES 8 7 8 136
INVESTIGATIONS (EXCLUDING LENIENCY) 2 3 4 48
LENIENCY 2 2 4 28
NOTIFICATIONS* 5 15 5 120
PRE-NOTIFICATION DISCUSSION 0 3 2 17
APPEALS 1 0 0 10
COMPETITION ADVISORIES 34 20 26 212
MARKET STUDIES 2 2 2 26
TOTAL
(EXCLUDING COMPLAINTS) 54 52 51 597
* Notifications include Notifications for Guidance and Decision, Merger Notifications Phase 1, and Merger Notifications Phase 2.
CONSUMER PROTECTION NUMBER OF COMPLAINTS/
652
QUERIES HANDLED
PRELIMINARY ENQUIRIES
Since 9 December 2016 37
FY 2018
13 FY 2019
24 329
237
INVESTIGATIONS
Since 9 December 2016 12 152
210
FY 2018
0 FY 2019
11 FY15 FY16 FY17 FY18 FY19
1
COMPLETED ADMINISTRATIVE PROFESSIONAL
5
INVESTIGATIONS AND SUPPORT
SERVICES
SERVICES
1
(EXCLUDING
2
LENIENCY)
BY INDUSTRY
(FY17-FY19) MANUFACTURING TRANSPORT
13
Competition And Consumer Commission Of SingaporeENFORCEMENT CCCS enforces competition and consumer protection laws to ensure businesses compete on a level playing field and to protect the interests of consumers.
INVESTIGATIONS ANNUAL REPORT 2019 • 2020
19 April 2019
| SATURDAY, APRIL 20, 2019 | THE STRAITS TIMES |
HOME
SG VEHICLES
CEASES UNFAIR
TRADE PRACTICES
The SG Vehicles group of companies (“SG Vehicles”) was
first placed under the Consumers Association of Singapore’s
(“CASE”) Company Alert list in December 2015 and again, in
July 2017, due to rising consumer complaints against them
despite efforts by CASE to resolve these complaints through The Consumers Association of Singapore asked SG Vehicles to sign a voluntary compliance agreement in July 2017, but it
refused. The Competition and Consumer Commission of Singapore filed an injunction later that year. ST FILE PHOTO
negotiation and mediation.
Court orders car
FINDINGS
Between January 2015 and November 2017, CASE received
importer to stop
a total of 92 complaints against SG Vehicles. The complaints
cited misrepresentations on the terms and conditions of the
unfair trade practices
sale agreement, particularly in relation to the delivery dates
of motor vehicles and bidding for Certificates of Entitlement This follows application for injunction by
following:
• Engaging in unfair practices
under the Consumer Protection
competition watchdog that was filed in 2017
(“COE”). In several cases, consumers were also required to (Fair Trading) Act;
• Doing or saying anything that
Ng Huiwen would dupe a consumer into
make additional payments due to a change in circumstances believing that the purchase price
or COE is fixed or guaranteed;
Car importer SG Vehicles and its di- • Making any false claim to a
beyond their control. rector have been ordered by the
court to stop engaging in unfair
consumer on the guaranteed
delivery date of a motor vehicle;
trade practices, after Singapore’s • And taking advantage of a
competition watchdog filed an in- consumer if they know that the
junction application against them consumer is not reasonably able
in December 2017. to understand the character,
92
In July 2017, CASE requested for SG Vehicles to sign a The importer – which is one of
the biggest players in the industry
nature, language or effect of the
transaction.
– has already earned two black
Voluntary Compliance Agreement to cease its unfair trade marks from the Consumers Associ-
ation of Singapore (Case).
The court order also requires SG
Vehicles to install a prominent sign
practices, but SG Vehicles declined to do so. Number of complaints Case received Case received 92 complaints outside its shopfront, stating the
against SG Vehicles from January full text of the order for six months
against SG Vehicles from January
2015 to November 2017, with the fig- from Thursday.
2015 to November 2017. ure rising despite Case’s initial ef- It should also notify the commis-
forts to resolve the complaints sion of any changes related to its
through negotiation and mediation. businesses or Ms Tan’s employ-
CCCS’s investigation revealed evidence of unfair trade
2,335
Consumers claimed SG Vehicles ment, directorship and partner-
had misrepresented the terms and ships statuses.
conditions of sale agreements – SG Vehicles will not, however, be
practices by SG Vehicles under the CPFTA. mainly the delivery dates of motor
vehicles and the bidding for certifi-
cates of entitlement (COEs).
required to cease its business oper-
ations, and all its existing sales
Number of consumer complaints agreements made with customers
Several consumers said they must be honoured.
made to Case from the motoring
were required to make additional In 2017, the highest number of
industry in 2017. payments due to a change of cir- consumer complaints – 2,335 –
ACTIONS TAKEN cumstances beyond their control.
Case had asked SG Vehicles to
made to Case came from the motor-
ing industry.
1,829
sign a voluntary compliance agree- This figure dropped by 20 per
CCCS filed an injunction application with the court on 19 ment in July 2017, but it refused to
do so.
cent to 1,802 last year, with the
beauty industry overtaking motor-
The Competition and Consumer ing. There were 1,829 complaints
December 2017. A Court Order was issued which took effect Number of complaints against firms
Commission of Singapore said yes-
terday that under the court order,
against firms in the beauty indus-
try last year, a 31 per cent increase
which took effect on Thursday, SG from 2017.
on 18 April 2019 prohibiting SG Vehicles from engaging in the beauty industry last year, a 31
per cent increase from 2017.
Vehicles and its director Juliet Tan
Whye Peck are prohibited from the nghuiwen@sph.com.sg
in unfair trade practices, including making false claims to
Source: The Straits Times © Singapore Press Holdings Limited.
consumers on the guaranteed delivery date of a motor vehicle About 25 scammed
Reprinted with permission.
public not to give their personal
information to strangers or unveri-
fied sources and not to provide in-
or misleading consumers into believing that the purchase into getting loans when formation that is unnecessary
when making a purchase.
buying phones online
People who suspect they have
price or COE are guaranteed, amongst others. received an unknown sum in their
account should report it immedi-
ately to the bank and the police,
and not make transactions with
A scam that tricks people into tak- the money.
ing out loans when buying a mobile The police also advised the pub-
SG Vehicles was also required to install a prominent phone on e-commerce platforms
has ensnared about 25 people since
lic to check the track record and
background of a company or seller
November. before making a purchase.
sign outside its shopfront(s) stating the full text In some cases, victims were
duped into providing their per-
“Be wary that fraud artists can ap-
pear and disappear, especially on
sonal information, such as NRIC e-commerce platforms, so the lack
of the Order, for a period of six months from number, or SingPass or bank ac-
count details, on the pretext of ap-
of a complaint record is no guaran-
tee of legitimacy,” said the police.
the date of the Order, and to notify CCCS
plying for an instalment plan pack- Those with information on
FRAUD ALERT
age for their phone purchase, said scams can call the police hotline
the police yesterday. on 1800-255-0000 or submit the
of any changes related to its businesses Be wary that fraud artists
can appear and disappear,
They later found a sum deposited
into their bank account, with the
scammers demanding that they
details online at www.police.
gov.sg/iwitness
The public can also call the Na-
- such as changes to the premises or especially on e-commerce
platforms, so the lack of a
pay the “loan amount” back with in-
terest.
tional Crime Prevention Council’s
X Ah Long hotline on
In other instances, victims were 1800-924-5664 for information
corporate changes, amongst others. complaint record is no offered loans to buy mobile about unlicensed moneylenders.
’’
guarantee of legitimacy. phones. Some would then receive a For anti-scam advice, they can call
sum in their bank account, even if the National Crime Prevention
SG Vehicles will have to continue they had not agreed to the loan of-
fer. They were later asked to make
Council’s helpline
1800-722-6688 or go to www.scam
on
repayments. alert.sg
to honour all existing sales THE POLICE, on advising the public to
check the track record of a company.
The police issued an advisory on
the scam yesterday, urging the Ng Huiwen
agreements they had made
with their consumers.
15
Competition And Consumer Commission Of Singaporenation Day and was hospitalised.
But he still turned up at the nomina-
tion centre to file his papers, and
was returned unopposed. Such was
INVESTIGATIONS his fighting spirit.” ANNUAL REPORT 2019 • 2020
Mr Conceicao was curious, charis-
matic and always engaging – quali-
16 August 2019
‘Limited Apply now
period’
CHARCOAL THAI promotion Part-Time Di
1 RESTAURANT ran for at By 2010, 1 in
increased inc
CEASES UNFAIR least 2 years help these se
TRADE PRACTICES Charcoal Thai 1 restaurant has been
coordinating h
found to be in breach of the con-
CCCS started investigating Charcoal Thai 1 in 2018 when
sumer protection law for promot-
ing meal discounts without specify- This course h
it found, as part of its ongoing market monitoring efforts, ing an end date, Singapore’s compe-
that no end date to the discount period was stated on tition watchdog said. • Underst
The Competition and Consumer
its promotional materials published on Charcoal Thai 1’s
website, social media page, in-store posters and menu.
Commission of Singapore (CCCS)
said in a statement yesterday that it
• Promoti
started investigations into Char-
coal Thai 1 last year. • Preparin
The promotional materials also stated that the discounts Promotional materials – pub-
for meals such as lunch sets and steamboat items were
lished on the eatery’s website, social
media page, in-store posters and
healthca
either available for a “limited period only” or “Ending menu – said that discounts for lunch
Soon! 50% Discount”, but they continued to be available sets and steamboat items were for a
“limited period only” or would be
Benefits
for minimally two years from February 2016. “ending soon! 50% discount”.
But the commission found that Get 5 M
the items continued to be available
Such claims not only mislead consumers into believing for at least another two years after pace
that there was a price benefit and scarcity in the February 2016, when the promo-
availability of the promotional prices, but it also provided
tions first appeared.
Charcoal Thai 1 had breached the We reco
Charcoal Thai 1 with an unfair advantage over businesses Consumer Protection (Fair Trad-
ing) Act, which states that it is un-
work ex
who comply with the CPFTA. fair practice for businesses to repre-
sent that goods and services are Course
ACTIONS TAKEN available at a discounted price for a
stated period of time if they know with hea
Charcoal Thai 1 has since agreed to cease the unfair or ought to know the goods and ser-
practice and not engage in any other unfair practices vices are available for a substan-
tially longer period.
Course
under the CPFTA. In particular, it has undertaken not to
make any representations on discounts or promotions in
CCCS said such claims not only
misled consumers into believing
and Per
that there was a price benefit and
its promotional materials or any other forms of publicity scarcity in the availability of the pro- SkillsFu
without specifying the expiry date for those discounts or motional prices, but it also gave the
promotions. eatery an unfair advantage over busi-
nesses that complied with the Act.
Charcoal Thai 1 has since agreed
As Charcoal Thai 1 has taken the necessary steps to to stop the unfair practice and not
engage in other similar practices. It
adequately address CCCS’s concerns, CCCS has closed has also taken steps to address the
the investigation. CCCS will, however, continue to monitor commission’s concerns.
The consumer watchdog has
Co
Charcoal Thai 1’s conduct, and reserves the right to closed its investigations into the
investigate any breach of the undertaking or any other case, although it added that it
would continue to monitor the
unfair practices by the restaurant.
restaurant’s conduct.
Dat
CCCS said it reserves the right to
investigate any breach of the un- T
dertaking or any other unfair prac-
tices by Charcoal Thai 1.
It reminded businesses not to en- Venue: L
gage in any practices that are likely 9W
to mislead consumers. Source: The Straits Times ©
Singapore Press Holdings
Ng Huiwen Limited. Reprinted with
permission.
16
Competition And Consumer Commission Of SingaporeINVESTIGATIONS ANNUAL REPORT 2019 • 2020
17 January 2020
E-Commerce Retailer Fashion CLICK
Interactive Ordered to ME!
CEASE UNFAIR TRADE
WWW.XXXXXXXXXX
PRACTICES AND STOP 60% 60% 60%
USING “SUBSCRIPTION
TRAPS”
Fashion Interactive Pte. Ltd. The Consumers Association of subscription was required in order
(“Fashion Interactive”) and its Singapore (“CASE”) had earlier to purchase shoes at the advertised
director, Mr Magaud Olivier intervened to help affected price. Hence, consumers were
Georges Albert (“Mr Magaud”) consumers obtain refunds for misled into believing that they were
were issued an order by the the charges made by Fashion consenting to a one-off purchase.
State Courts to cease unfair Interactive to their credit and/
trade practices which had misled or debit cards. However, new Through a Court Order which
consumers into signing up for a complaints were lodged regarding took effect from 6 January 2020,
recurring membership subscription Fashion Interactive automatically Fashion Interactive is prohibited
on its website myglamorous.sg. charging consumers recurring from misleading consumers into
monthly membership fees without signing up and/or continuing with
ACTIONS TAKEN their knowledge or consent. CASE a subscription service requiring
On 28 November 2019, CCCS later issued a Consumer Advisory payment or recurring payment.
applied for an injunction against highlighting the complaints against Mr Magaud is also prohibited
Fashion Interactive and Mr Magaud Fashion Interactive in January 2019. from abetting the retailer, Fashion
to stop them from engaging in an Interactive, in misleading customers
unfair trade practice known as a Following a referral from CASE, into doing the same. Under the
“subscription trap”. CCCS investigated and affirmed Court Order, Fashion Interactive
that Fashion Interactive had must abide by the following for
A “subscription trap” not sufficiently disclosed key three years:
misleads consumers information to consumers. Mr
into signing up for a Magaud had directed the design of • Display the details of the
the advertisements and website to declaration and injunction on the
recurring subscription
focus on the discounts and shoes landing page of its website;
by giving the impression
for sale, instead of the membership • Notify customers of the
that it is a one-off subscription and its recurring declaration and injunction before
purchase of goods and/ monthly fees. Moreover, throughout entering into a contract; and
or services. If consumers the purchase process, no notice was • Include in every invoice or receipt
do not cancel such provided to consumers informing that a declaration and injunction
subscriptions, typically them that the membership has been granted against it.
within a grace period,
they would be liable for
recurring charges. The
use of “subscription WHAT Retailers should provide clear and accurate
information on the price of goods and services in their
traps” contravenes the SHOULD advertisements. Key terms and conditions should be
Consumer Protection (Fair RETAILERS prominent, accessible and easy to read.
Trading) Act (“CPFTA”). DO?
17
Competition And Consumer Commission Of SingaporeINVESTIGATIONS ANNUAL REPORT 2019 • 2020
21 January 2020
Proposed Infringement Decision
AGAINST CONTRACTORS FOR BID
RIGGING OF QUOTATIONS FOR
WILDLIFE RESERVES SINGAPORE
On 21 January 2020, CCCS issued a Proposed Infringement
Decision (“PID”) against three companies for infringing
section 34 of the Competition Act: Shin Yong Construction
Pte. Ltd., Geoscapes Pte. Ltd. and Hong Power Engineering
Pte. Ltd. (collectively, “the “Parties”). The Parties were found
to have participated in anti-competitive agreements by
rigging the bids for the provision of building, construction
and maintenance services under Invitations To Quote (“ITQ”)
and Invitations To Tender (“ITT”) called by Wildlife Reserves
Singapore (“WRS”).
CCCS commenced its investigation into allegations of bid
rigging of civil and electrical works for WRS’s attractions,
following a complaint from WRS in April 2016. The
investigation revealed that the Parties had exchanged bid
information and coordinated their bids for tenders and
quotations called by WRS. This was done to create the false
impression that independent competitive bids were submitted
for the tenders.
18
Competition And Consumer Commission Of SingaporeINVESTIGATIONS ANNUAL REPORT 2019 • 2020
31 March 2020
Proposed Infringement Decision
AGAINST THREE WATER FEATURE
MAINTENANCE COMPANIES FOR
BID RIGGING OF TENDERS
On 31 March 2020, CCCS issued CCCS commenced its investigation
a Proposed Infringement Decision in September 2017 which revealed CU Water
(“PID”) against three companies the presence of agreements and/ Services Pte. Ltd.
for infringing section 34 of the or concerted practices on bid
Competition Act: CU Water Services rigging of tenders involving (i)
Proposed
Pte. Ltd. (“CU Water”), Crystalene CU Water and Crystalene, and Infringement
Product (S) Pte. Ltd. (“Crystalene”) separately between (ii) CU Water Decision Crystalene Product
and Crystal Clear Contractor Pte. and Crystal Clear. (S) Pte. Ltd.
Ltd. (“Crystal Clear”) (collectively,
“the “Parties”). The companies With cover bidding arrangements
provided maintenance and cleaning between the Parties in tenders,
services for swimming pools, there was no competitive pressure Crystal Clear
spas, fountains and other water on the Parties to submit their best Contractor Pte. Ltd.
features. The Parties rigged their offers to customers. As a result,
bids in tenders for the provision of customers were unable to obtain
maintenance services for swimming best value offers that meet
pools, spas, fountains and other their needs.
water features to privately-owned
developments, including but not
limited to condominiums and hotels
in Singapore.
19
Competition And Consumer Commission Of SingaporeINVESTIGATIONS ANNUAL REPORT 2019 • 2020
31 March 2020
WISHING WELL BEAUTY CENTRE
AND RUBY BEAUTY PTE LTD CEASE
UNFAIR TRADE PRACTICES HOME B4
In 2019, CCCS initiated
investigations into two beauty
dollars - considerably higher than
the originally quoted prices to 2 beauty
parlours – Wishing Well Beauty
Centre (“Wishing Well”) and Ruby
the consumer when they were
approached earlier by the staff on
parlours told
Beauty Pte Ltd. (“Ruby Beauty”). the street. Consumers were also led
to believe that the packages they
to stop unfair
FINDINGS
Investigations revealed that
purchased were transferable with
an unlimited validity period, but the
trading ways
the employees of both beauty printed invoices and appointment National taekwondo athlete Chelse
was born with a hole in her heart, h
cards stated otherwise. They were found to have misled customers
parlours would loiter in the vicinity into paying for services they did not agree to
chosen as a role model by global b
of Bencoolen Street to entice Jean Iau or take advantage of consumers if
the supplier knows that the con-
Millennials
consumers with a one-time offer of ACTIONS TAKEN Wishing Well Beauty Centre and
sumers are not in a position to pro-
tect their own interests, or not able
Ruby Beauty have breached con- to understand the transaction or Goh Yan Han
a discounted facial treatment at $38 Wishing Well and Ruby Beauty sumer protection laws by mislead-
ing customers into paying for ser-
any matter related to it.
It found that Wishing Well and
vices they did not agree to. Ruby Beauty had engaged in unfair To be chosen as a role model by
and/or mole or skin growth removal (which has since changed its name In a statement yesterday, Compe-
tition and Consumer Commission
trading practices of charging a
price for goods or services that is
global brand which had earlie
recognised notable women suc
service at $5 per removal. to “Sun Beauty”) have since signed of Singapore (CCCS) said that both
beauty parlours in Bencoolen
Street have signed an agreement to
substantially higher than the esti-
mate provided, and misleading con-
sumers into thinking that the trans-
as tennis player Naomi Osaka wa
a surprise for Ms Chelsea Ann Sim
24.
an undertaking to cease the unfair stop such unfair trading practices.
The employees of the parlours
actions gave them certain rights.
The parlours omitted telling con-
Last month, the taekwondo ath
lete was one of three national ath
would loiter in the Bencoolen sumers material facts, used small letes here selected as role mode
When a persuaded consumer practices and not to engage in any Street area to sell consumers one-
time offers of discounted facial
print in their brochures and in-
sisted on payment for goods and ser-
by American company Mattel a
part of the Barbie Olympic Game
treatment and beauty services. vices the consumers did not ask for. Tokyo 2020 Doll Assortmen
arrived in the beauty parlour for other unfair practices under the After the customers agreed, the
staff would instead perform other
Wishing Well Beauty Centre
hung up the phone when The
launch.
Ms Sim, 24, who was featured
services such as removing moles or Straits Times called yesterday. The Straits Times’ Generation Gr
the service, the staff would not CPFTA. Both beauty parlours have skin growths, or a more expensive
facial treatment so as to charge a
ST has also reached out to Ruby
Beauty for comment.
series in March last year, was bor
with a hole in her heart.
provide the service agreed upon undertaken not to use any other higher fee.
By the end of the treatment, cus-
tomers would have chalked up a
CCCS will continue to monitor
them and to take action against any
unfair practices.
“I was very honoured to be s
lected by Barbie. It is a once-in-
lifetime opportunity to be reco
earlier. Instead, they would perform deceptive or misleading methods much higher bill than initially pro-
posed to them.
It said that the beauty industry
consistently ranked among the top
nised by such a big brand, and
inspire all the young athletes an
The staff would then entice the three industries with the most com- be role models to them,” said M
unsolicited services without the in order to entice customers to sign customers to buy a 10-session
beauty package, which ranged from
plaints received by Consumers As-
sociation of Singapore (Case), and
Sim, who is a clients and marke
executive at accounting firm D
a few hundred to a few thousand even took the top spot in 2018. loitte.
consumer’s consent in order to up for packages that the customers dollars, which the consumer did
not know of or agree to when ap-
CCCS is also closely monitoring
other businesses in the beauty in-
She had been training hard fo
the world taekwondo champ
proached initially. dustry and reminded them not to onships that was to be held in Den
charge a higher price. The staff would not otherwise have agreed They were also falsely told they
could transfer these packages to
engage in any unfair practices that
mislead consumers.
mark in May, but has now bee
cancelled because of the coron
would also avoid revealing the to, in lieu of payment for unsolicited others, and that the packages were
valid for an unlimited period, when
the printed invoices and appoint-
Consumers who come across un-
fair practices can call Case on
6100-0315, or go to the Case web-
avirus outbreak.
Another millennial of Gener
tion Grit is Mr Jeremy Lim, 2
price difference until after the treatments. ment cards said otherwise.
CCCS said it is unfair for a sup-
site. who has brittle bone disease. H
was among the recipients of th
plier to mislead, make a false claim jeaniau@sph.com.sg Ten Outstanding Young Person
commencement of the treatment. Source: The Straits Times © Singapore Press
As a result, the consumers would CCCS has closed its investigations 2 men file appeals against High Court de
Holdings Limited. Reprinted with permission.
have unknowingly chalked up a as both beauty parlours have taken
Rei Kurohi law criminalising sex between men. day that they had filed appeals in
substantial amount due to the the necessary steps to address Lawyers representing Mr John-
son Ong Ming, a disc jockey, and Dr
the Court of Appeal.
Dr Tan’s lawyer, Mr M. Ravi of Car-
unsolicited treatments and/or CCCS’s concerns. CCCS will
Two men have filed appeals against Roy Tan, a lesbian, gay, bisexual son Law Chambers, is appealing
a High Court decision to dismiss and transgender (LGBT) rights ac- “against the whole of the decision”
their legal challenges against the tivist, told The Straits Times yester- issued by Justice See Kee Oon on
services provided. continue to monitor their
conduct and reserves the
In lieu of full payment for the right to investigate and
unsolicited treatments and/ take necessary action
or services provided, the staff against any breach
would pressurise the consumer of their undertaking
into purchasing a 10-session or any other unfair
beauty package. As a result, the practices.
consumer would end up purchasing
beauty packages ranging from a
few hundred to a few thousand
20
Competition And Consumer Commission Of SinCOMMITMENTS
But Republic must transform its economy at
faster pace to meet tech challenges, he says ANNUAL REPORT 2019 • 2020
Danson Cheong His comments come as the Singa- jing, Shanghai and Guangdong prov- TWIN CHALLENGES ship forward in the next five to 10 Deputy Prime
China Correspondent pore economy feels the effects of es- ince, including Premier Li Keqiang years, he added. Minister Heng
In Shenzhen calating trade tensions between and Vice-Premier Han Zheng. The main thing that Chinese leaders expressed appre- Swee Keat spoke
China and the United States. He also co-chaired the Singa-
Singapore’s first-quarter growth pore-Shanghai Comprehensive Co-
we must do is to ciation for the bilateral cooperation
that had taken place over the years,
to the Singapore
media in
Singapore is prepared for the nega- was slower than forecast, prompt- operation Council, a bilateral busi- ensure that we he said, noting that “at every stage, Shenzhen
Lift Spare Part Suppliers Provide Commitments to
tive consequences of the Sino-US ing the Ministry of Trade and Indus- ness cooperation platform, and vis- we have been able to look at
trade war, but it must transform its try to revise its full-year growth ited Chinese firms. transform our projects which are beneficial to
yesterday as he
wrapped up his
economy at an “even faster pace” if forecast downwards. Mr Heng said one thing that economy at an both sides”. visit to China.
it is to deal with the fallout, Deputy Since China and the US failed to struck him from his meetings with “So, I think this provides a very He said Beijing
Prime Minister Heng Swee Keat reach a trade deal in Washington ear- the Chinese leaders was that they even faster pace good momentum for us to build on. was making
said yesterday. lier this month, they have imposed take a long-term view, focusing on because besides the We are already at a very high level preparations for
Speaking to Singapore reporters tit-for-tat tariffs on each other’s key areas and priorities. of cooperation,” Mr Heng said. its people to
trade war, we are also
FACILITATE LIFT MAINTENANCE IN
in Shenzhen as he wrapped up his goods worth billions of dollars. “One strong characteristic of the While both countries find new ar- “stay resilient” if
visit to China, Mr Heng said that Washington has also blacklisted Chi- Chinese system is that the political going to be faced with eas in which to work together, Sin- the trade war
although Singapore could weather nese technology giant Huawei, re- leaders, as well as the business lead- gapore needs to take a strategic with the US
the storm, the trade war was “not stricting its dealings with US firms. ers, think in the long term,” he said, very rapid changes view of future developments and escalates
in technology.
’’
an issue that can be resolved imme- Asked how the Chinese leaders adding that this opens up many ar- position itself well: Its companies further.
diately”, and would have a very neg- were viewing the trade war, Mr eas in which Singapore and China need to build deep capabilities, and PHOTO: MCI
ative impact on both the regional Heng said they remained hopeful can cooperate and work together. it must have a strong talent pool ex-
and global economies. that it could be resolved in time. Some areas that China is focused posed to developments in China
HDB ESTATES
“The main thing that we must do “There is a recognition that it is to on developing are the mega eco- and around the world.
is to ensure that we transform our no one’s benefit... neither the US nomic zones of the Yangtze River DEPUTY PRIME MINISTER “That is the only way that we can
economy at an even faster pace be- nor China, to have this trade war.” Delta and Greater Bay Area, efforts HENG SWEE KEAT add value. We must raise our capa-
cause besides the trade war, we are But he added that China was mak- which Mr Heng saw first-hand in bility and continue to be valuable
also going to be faced with very ing preparations for its people to Shanghai and Guangdong. and useful,” said Mr Heng, who
rapid changes in technology,” he “stay resilient if the trade war esca- He said developments in these later left Shenzhen for Hong Kong,
said. “This is of utmost importance, lates further”. two regions as well as in the Belt the last leg of his China visit.
and we must focus our minds and Mr Heng’s eight-day visit, which and Road Initiative were areas He is scheduled to fly to Tokyo
our energies on this. I hope that cor- ended yesterday, was his first to where both sides could deepen today to attend the 25th Nikkei
porate leaders will take this very se- China since becoming Deputy collaboration. Conference.
riously – this is also an opportunity Prime Minister earlier this month. Mr Heng also had discussions on
to turn adversity into strength.” He met top Chinese leaders in Bei- how to take the bilateral relation- dansonc@sph.com.sg
On 28 May 2019, CCCS concluded
2 more suppliers agree There had been claims that some lift
manufacturers had refused to supply
its investigations into the supply of to sell lift spare parts to
vital spare parts to third-party
contractors for maintenance work in
HDB estates, preventing them from
lift spare parts for the maintenance
doing a proper job or winning new
third-party contractors contracts. ST FILE PHOTO
of lifts in Housing & Development
Board (“HDB”) estates following Melissa Heng In a phone interview with The
Straits Times, Nee Soon Town There are about 24,000
Council chairman and MP for Nee lifts of different brands
the acceptance of the voluntary Two more lift parts suppliers have
agreed to sell spare parts to third-
party lift contractors on a “fair,
Soon GRC Louis Ng said it was
good that the lift parts suppliers
had committed to working with
installed in HDB estates
across Singapore. Town
commitments provided by Chevalier
reasonable and non-discriminatory third-party contractors. councils can appoint the
basis”, Singapore’s competition He said: “More competition
watchdog said yesterday. means better options for consumers lift installers to carry out
This will ensure that third-party and better service. This opens things maintenance or get a
Singapore Holdings Pte. Ltd. and contractors can obtain spare parts
to maintain lifts in HDB estates.
Third-party contractors are typi-
up for the town councils as well and
gives us more options when looking
for contractors.”
third-party contractor.
Fujitec Singapore Corporation Ltd.
cally cheaper to hire than the origi- In response to questions from
nal lift installers. ST, Dr Teo Ho Pin, coordinating
The Competition and Consumer chairman of the People’s Action to award our lift contracts so as to ning new contracts. these... contractors may be pre- and C&W Services Operations.
Commission of Singapore (CCCS) Party (PAP) town councils, also obtain value for money in our con- There are about 24,000 lifts of vented from effectively competing Once similar commitments were
Both companies will undertake to said yesterday that it had accepted
voluntary commitments by Cheva-
lier Singapore Holdings and Fujitec
welcomed the commitments from
the suppliers, saying they were the
correct move for fair competition.
tracts,” he said.
In 2016, the CCCS began investi-
gating claims that some lift manu-
different brands installed in HDB
estates across Singapore. Town
councils can appoint the lift install-
for contracts to maintain and ser-
vice lifts of that particular brand,”
said the CCCS.
made by Chevalier Singapore
Holdings and Fujitec Singapore
Corporation, the investigation was
sell lift spare parts (with software if
Singapore Corporation that fully ad- Dr Teo said PAP town councils facturers had refused to supply ers to carry out maintenance or get One lift company – EM Services – concluded. The five companies
dress concerns relating to the sup- adopted a Price Quality Method vital spare parts, such as mother- a third-party contractor. made commitments in 2016, the installed more than 70 per cent of
ply of their brands of lift spare parts. Tender evaluation approach when boards, to third-party contractors “If a lift company or distributor year the investigation began, that the lifts in HDB estates, said the
The CCCS had previously ac- awarding lift contracts. for maintenance work in Housing does not provide proprietary but addressed the concerns raised. CCCS.
applicable) of the relevant brands cepted similar commitments from
three other companies.
“We evaluate both the prices and
performance of the lift contractors
Board estates, preventing them
from doing a proper job or win-
essential lift spare parts to third-
party lift maintenance contractors,
Last year, the CCCS received com-
mitments from BNF Engineering melheng@sph.com.sg
to third-party contractors on a fair, Source: The Straits Times © Singapore Press Holdings Limited. Reprinted with permission.
Court clears doctor who was suspended for giving inadequate medical leave
reasonable and non-discriminatory
basis, subject to certain terms and contracts to maintain and service
Salma Khalik ganisation for Migration Econom- blood vessels from the palm of the agement. But even if his instruc- “seriously negligent”, nor did he dis- tor to the main thrust of the allega-
Senior Health Correspondent ics, which alleged that he had col- hand to sustain the tissue of the fin- tions had been followed, the tri- regard the patient’s interest. tions against him.”
luded with the patient’s employer. ger as it healed. bunal said it was not the practice to The court judgment, delivered It also said that while this case
The Ministry of Manpower does The worker was warded for one order light duties on the second by Justice Judith Prakash, also took it as the doctor’s duty to ascer-
conditions. lifts of a brand. As a result, they
A doctor who was suspended for
six months by a disciplinary tri-
bunal for not giving a worker
not require reports of work acci-
dents that require fewer than three
days of medical leave.
night, and Dr Looi left instructions
for a day’s medical leave and a week
of light duties on discharge. He was
post-operative day.
But the Court of Three Judges
said Dr Looi should not be held ac-
pointed out that whether light du-
ties are medically appropriate is dis-
tinct from whether the patient “ac-
tain that light duties were available,
“that need not invariably be the way
cases are pursued in the future”. It
may be prevented from effectively
enough time to recover after frac- On Aug 7, 2011, the tip of the mid- to review the patient the next day. countable for what the discharging tually and eventually performed added: “It is difficult to see how a doc-
turing a finger has been cleared by dle right finger of Mr Vadamodulu The next morning, the safety offi- doctor did, but for what he himself such activities”. tor’s failure to ascertain the availabil-
the Court of Three Judges. Tata Rao, a shipyard welder from cer from the company, Tellus had prescribed. On that, the court The court, in a concluding note, ity of light duties would result in the
Both the doctor and the Singa- India in his early 30s, was crushed Oceanic Pro, visited Mr Rao and said giving light duties was a medi- said that given the way the charges giving of such light duties being con-
FINDINGS competing for contracts to
pore Medical Council (SMC) had
appealed against the suspension,
with the SMC wanting it to be in-
when a steel plate fell on his right
hand. He was taken to West Point
Hospital, where Dr Looi performed
asked for him to be discharged. The
resident medical officer discharged
him with two days of medical leave –
cally appropriate course of action.
It found that Dr Looi knew the
company had systems in place that
----
were framed, it was not clear if the
main charge was that the doctor
had not checked if light duties were
sidered ‘inadequate medical leave’.”
The SMC’s appeal to have the sen-
tence increased was dismissed be-
maintain lifts of a particular brand
creased to two years. the first of a two-stage operation for Aug 7 and 8 – with no light duties. allowed workers to perform simple available, or that the medical leave cause the court found that the doc-
In 2016, CCCS started investigating The complaint against or-
thopaedic surgeon Looi Kok Poh
was made by the Humanitarian Or-
in which the injured finger was at-
tached to the skin flap at the base
of the thumb. This would allow
The disciplinary tribunal said Dr
Looi, as the primary doctor, was re-
sponsible for post-operative man-
duties such as tasks in the office or
guardhouse that would not jeopar-
dise the injury. Thus, he was not
given was not enough.
It said: “Charges that are brought
against a doctor must alert the doc-
tor was not guilty.
salma@sph.com.sg
alleged refusals to supply lift spare if lift companies refuse to supply
parts for the maintenance of lifts in essential spare parts of that brand.
HDB estates. Over 20,000 lifts of
different brands are installed in HDB OPENING UP COMPETITION
estates across Singapore, where the FOR MORE OPTIONS
majority is maintained by the Original In total, CCCS accepted
Equipment Manufacturers (“OEMs”). commitments from five lift
Town Councils can appoint OEMs companies – EM Services Pte.
or a third-party contractor to carry Ltd., BNF Engineering (S) Pte. Ltd.,
out maintenance work. In general, C&W Services Operations Pte.
there are likely to be cost savings Ltd., Chevalier Singapore Holdings
when engaging a third-party lift Pte. Ltd. and Fujitec Singapore
maintenance contractor for multiple Corporation Ltd. It is estimated that
brands as compared to procuring lift these companies installed more
maintenance services from each OEM. than 70% of the lifts in HDB estates
in Singapore.
Hence, the refusal to provide
proprietary but essential lift spare CCCS considered the commitments
parts by OEMs to third-party lift to adequately address competition
maintenance contractors may concerns in relation to the supply of
breach the Competition Act (Cap. different brands of lift spare parts and
50B) for abuse of a dominant has communicated the acceptance
position. The inability of third-party to Town Councils. This is to ensure No entry
contractors to obtain proprietary that they are better informed when
but essential lift spare parts pose procuring lift maintenance services
significant obstacles for them as and in reporting potential anti-
they try to compete with OEMs for competitive practices.
21
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