Commitments & Remedies

Competition Law Case Parties Involved Focus of Commitments/ Remedies Start Date of Commitments/ Remedies End Date of Commitments/ Remedies
Proposed Acquisition by London Stock Exchange Group plc of Refinitiv Holdings Limited

London Stock Exchange plc

Refinitiv Holdings Limited

The commitments address the concern that the merged entity may foreclose its downstream rivals in clearing and/or index licensing services by either refusing access to its WM/Reuters foreign exchange benchmarks or adopting discriminatory pricing practices for its WM/Reuters foreign exchange benchmarks against competing clearing services and/or index licensing providers.

* Please direct any complaint in relation to non-compliance of the commitments to the appointed Monitoring Trustee, ALCIS Advisers GmbH, viadavid.cayet@alcis-advisers.com; andulrich.puls@alcis-advisers.com

24 May 2021 23 May 2031
Acquisition of Innovative Diagnostics Private Limited and Quest Laboratories Pte. Ltd. by Pathology Asia Holdings Pte. Ltd.

Pathology Asia Holdings Pte. Ltd.

Innovative Diagnostics Private Limited

Quest Laboratories Pte. Ltd.

The commitments work together to address the competition concerns identified by:

  • Helping competing laboratories offer a wider range of IVD tests and be better able to compete for customers, and gauge demand to consider in-house expansion;
  • Lowering contractual barriers for customers to switch to other suppliers, and increase competing laboratories’ incentives to expand; and
  • Mitigating the risk of a price increase or a degradation of quality by the merged entity during the commitment period, for customers who have limited alternatives to switch to at present.
18 October 2019 17 October 2023
Investigation into restrictive industry practices in the supply of lift spare parts in HDB estates

Fujitec Singapore Corporation Ltd.

Chevalier Singapore Holdings Pte. Ltd.
To ensure that third party lift maintenance companies are able to obtain spare parts for the maintenance of lifts by the original equipment manufacturer. 14 May 2019 No end date specified.
Proposed Joint Venture between Mr. Tan Chin Long, Kee Song Holdings Pte. Ltd., Sinmah Holdings (S) Pte. Ltd., Tong Huat Poultry Processing Factory Pte. Ltd. and Tysan Food Pte. Ltd.

Mr. Tan Chin Long

Kee Song Holdings Pte Ltd

Sinmah Holdings (S) Pte Ltd

Tong Huat Poultry Processing Factory Pte Ltd

Tysan Food Pte Ltd

The commitments address the concern that the joint venture may facilitate the sharing of confidential and commercially sensitive information relating to chicken supplies and slaughtering requirement, which is likely to adversely affect competition upstream and downstream.

* Please direct any complaint in relation to non-compliance of the commitments to the appointed Monitoring Trustee, Evelyn Partners LLP (formerly known as Smith & Williamson LLP), vianasoul.gopal@evelyn.comandmichel.alexander@evelyn.com
29 December 2021 Commitments are in place for the lifetime of the Joint Venture. Parties may apply to cease monitoring after three years from the start of Commitments.
Acquisition of Uber’s Southeast Asian business by Grab and Uber’s acquisition of a 27.5 per cent stake in Grab

Grab Inc

Uber Technologies Inc

The directions are to lessen the impact of the merger on drivers and riders, and to open up the ride hailing platform services market and level the playing field for new players.

24 September 2018

20 November 2020: Following the commencement of the point-to-point regulatory framework on 30 October 2020, CCCS has released the directions that were imposed on Grab on 24 September 2018 with immediate effect from 20 November 2020.

Acquisition of Uber’s Southeast Asian business by Grab and Uber’s acquisition of a 27.5 per cent stake in Grab

Grab Inc

Uber Technologies Inc
The interim measures directions are to ensure the market remains open and contestable. They prevent action by the Parties which may prejudice the giving of any subsequent direction by CCCS after its investigation of the merger between the Parties.
30 March 2018
24 September 2018
Investigation into restrictive industry practices in the supply of lift spare parts in HDB estates C&W Services Operations Pte Ltd To ensure that third party lift maintenance companies are able to obtain spare parts for the maintenance of lifts by the original equipment manufacturer.
12 February 2018
No end date specified
Investigation into restrictive industry practices in the supply of lift spare parts in HDB estates BNF Engineering (S) Pte Ltd
To ensure that third party lift maintenance companies are able to obtain spare parts for the maintenance of lifts by the original equipment manufacturer.
8 January 2018 No end date specified
Proposed Acquisition by Times Publishing Limited of Penguin Random House Pte. Ltd. and Penguin Books Malaysia Sdn. Bhd.

Times Publishing Limited

Penguin Group Companies

To address concerns arising from the merger that the merged entity may foreclose competition at the retail level by discriminating or restricting supply to third party retailers.

* Please direct any complaint in relation to non-compliance of the commitments to the appointed Monitoring Trustee, Evelyn Partners LLP (formerly known as Smith & Williamson LLP), vianasoul.gopal@evelyn.comandmichel.alexander@evelyn.com
2 October 2017
The commitments will apply during the term of the exclusive distribution agreement by the Penguin Group Companies with the four Penguin publishers up to a period of 12 years from 2 October 2017.
Proposed Joint Venture between Deutsche Lufthansa AG and Singapore Airlines Limited

Singapore Airlines Limited

Deutsche Lufthansa AG
The commitments are to ensure an increase in capacity and frequency on flights between the Singapore-Frankfurt and Singapore-Zurich routes, which in turn will lead to increased passenger numbers and tourists to Singapore, therefore benefitting Singapore’s economy. 12 December 2016

1 Jan 2020 to 14 May 2023: Temporary suspension of the commitment to maintain minimum seat capacities and minimum number of Singapore point-of-sale passengers on the Singapore-Frankfurt and Singapore-Zurich routes.

Singapore-Frankfurt route:

15 May 2023 to 31 March 2024: Temporary suspension of commitment to maintain minimum seat capacities for the time periods below, subject to a set of conditions including the following:

15 May 2023 to 13 August 2023: Maintaining minimum seat capacities at reduced levels (approximately 89% of commitment level) and the resumption of minimum number of Singapore point-of-sale passengers.

14 August 2023 to 30 January 2024: Maintaining minimum seat capacities at reduced levels (approximately 78% of commitment level), maintaining fares at levels no higher than certain specified levels, and the fulfilment of minimum number of Singapore point-of-sale passengers.

31 January 2024 to 31 March 2024: Maintaining minimum seat capacities at reduced levels (approximately 89% of commitment level) and the fulfilment of minimum number of Singapore point-of-sale passengers.

From 1 April 2024 onwards: Full reinstatement of commitments to maintain minimum seat capacities and minimum number of Singapore point-of-sale passengers.

Singapore-Zurich route:

 

15 May 2023 to 24 November 2024: Temporary suspension of commitment to maintain minimum seat capacities for the time periods below, subject to a set of conditions including the following:

15 May 2023 to 12 November 2023: Maintaining minimum seat capacities at reduced levels (approximately 75% of commitment level) and the resumption of minimum number of Singapore point-of-sale passengers.

13 November 2023 to 24 November 2024 : Maintaining minimum seat capacities at reduced levels (approximately 81% of commitment level) and the fulfilment of minimum number of Singapore point-of-sale passengers.

Investigation into restrictive industry practices in the supply of lift spare parts in HDB estates E M Services Pte Ltd
To ensure that third party lift maintenance companies are able to obtain spare parts for the maintenance of lifts by the original equipment manufacturer.
14 July 2016
No end date specified.
Proposed Acquisition by ADB BVBA of Safegate International AB)

ADB BVA

Safegate International AB
To address the concerns that the merged entity may: (1) increase prices significantly post-merger; (2) reduce the supply of spare parts and technical support to customers; (3) “lock in” party contractors and suppliers in Singapore using exclusive agreements; or (4) retroactively terminate or jeopardise agreements that have been concluded pre-merger.
23 February 2016

Pricing Commitment
For New Products
– 22 February 2020

Pricing Commitment
For Spare Parts for Existing Products
– 22 February 2026

Pricing Commitment
For Spare Parts for New Products
– 10 years from the date of delivery of each New Product

Supply of Spare Parts - 22 February 2026

Not to enter into any agreements with any contractor or supplier in Singapore which prevent contractors or suppliers from carrying, promoting or offering alternative competing products and services
– 22 February 2020

Ensure that any contracts or agreements relating to the sale of specific products entered into between ADB, Safegate or another party and an airport operator in Singapore continue in full force
– No end date specified

Investigation into Asia Pacific Breweries (Singapore) Pte. Ltd.
Asia Pacific Breweries (Singapore) Pte Ltd (APBS)
The removal of these exclusive business practices will allow draught beer suppliers to compete on merit when offering their beers for sale to retail outlets. This would provide more choices for customers, as well as opportunities for existing suppliers and new entrants to the draught beer market.
28 December 2015
No end date specified
Investigation into Cordlife Group Limited
CordlifeGroup Limited (Cordlife)
The commitments address the concern that Cordlife’s exclusive agreements with baby fair organisers and hospitals limits competition from other providers of cord blood bank services in Singapore.
17 June 2015
No end date specified
Proposed Acquisition by Seek Asia Investments Pte. Ltd. of the JobStreet Business

SEEK

JobsDB Singapore

JobStreet Singapore

The divestment commitment addresses concerns that the merged entity may use jobs.com.sg as a further distribution and marketing platform; and/or it may utilise its large database of listings to populate jobs.com.sg, leading to substantial increases in content and traffic for jobs.com.sg.

The other commitments address concerns that the merger may reduce competition giving rise to price increases and/or exclusive contracts which could harm consumers.
20 November 2014

20 May 2015 (Divest the complete assets of jobs.com.sg)

19 November 2017 (Other commitments)
Investigation into Coca-Cola Singapore Beverages
Coca Cola Singapore Beverages (CCSB)
On-premise retailers have a choice to sell other brands of beverages.
10 January 2013
No end date specified
Investigation into soft-drinks non-compete clause
Fraser & Neave Limited (F&N)
Removal of the contractual impediment for Heineken to enter the local soft drinks market
4 November 2013
Non-compete period expired on 14 November 2014
Proposed Alliance between Emirates and Qantas Airways Limited

Emirates

Qantas Airways Limited
The commitment preserves the state of competition on these two routes by alleviating any concern that the proposed alliance may reduce seat capacities. It also results in an increase in the number of seats supplied by the Parties dedicated to passengers flying to and from Singapore as a point of origin or destination along the Singapore-Brisbane route and the Singapore-Melbourne route.
28 March 2013

30 October 2019: Emirates was released from its capacity commitments on the Singapore-Brisbane route.

23 March 2020 to 25 March 2023: Temporary suspension of the commitment to maintain minimum seat capacities on the Singapore-Brisbane (for Qantas Airways Limited only) and Singapore-Melbourne (for both Emirates and Qantas Airways Limited) routes.

26 March 2023: Resumption of commitment to maintain minimum seat capacities on the Singapore-Brisbane (for Qantas Airways Limited only) and Singapore-Melbourne (for both Emirates and Qantas Airways Limited) routes