Exemption Application Procedures

EXEMPTION APPLICATION PROCEDURES
1.
SUBMISSION OF EXEMPTION APPLICATION FORM (E1 FORM)
Applications for an exemption must be made by submitting E1 Form to the
MyCC. Form E1 requires the applicant to provide the MyCC with the following
information:
1.1 INFORMATION ABOUT APPLICANT
The applicant is to provide full name, registered office address and
principal place of business (if different), telephone and fax numbers. The
applicant shall state the registration number of the enterprise as an
incorporated body, partnership or sole proprietor or other unincorporated
body trading under a business name. The applicant shall also provide
certified true copies of the Memorandum of Association, Article of
Association as well as Form 49 of the Companies Act 1965.
If the applicant is an association, the applicant is to provide a certified
true copy of the certificate of registration issued by the Registrar of
Societies as well as any other information which are relevant as
mentioned above.
1.2
INFORMATION ON PARTIES TO THE AGREEMENT
The applicant is to state the full names, registered office addresses and
principal places of business (if different) of all the parties to the agreement,
their telephone numbers and fax numbers. The applicant shall also
provide certified true copies of the Memorandum of Association, Article of
Association, Form 49 of the Companies Act 1965 as well as any other
proof of business registration of the parties, if available.
If the applicant is an association, the applicant is to provide a certified
true copy of the certificate of registration issued by the Registrar of
Societies as well as any other information which are relevant as
mentioned above.
1.3
INFORMATION ON THE AGREEMENT
The applicant is to provide a brief description of the agreement which is
the subject matter of the application. If the application is in relation to a
written agreement, the applicant is required to enclose a copy of the
agreement with this application form. If the application is not in writing, the
applicant is required to provide the details of the agreement.
The applicant is also required to identify the provision(s) deemed
restrictive and highlight the same for the MyCC’s attention.
The applicant is also required to indicate whether the agreement in issue:
a) is entered into but not implemented;
b) is entered into and implemented; or
c) has yet to be entered into.
If an agreement has been implemented, the applicant should provide
details of its implementation.
1.4
INFORMATION ON THE MARKET
The applicant is to define the relevant market in question. The applicant is
also required to provide a list of players in the said relevant market.
1.5
INFORMATION ON MARKET SHARE/ TURNOVER/ PRODUCTS
The applicant is to provide the market share as well as the turnover in the
last business year of each party to the agreement indicating the proportion
of the market share and the turnover figure which is attributable to the
relevant product or geographic market. All parties subject to this
application is required to submit its most recent annual report and audited
accounts.
1.6
RELIEF OF LIABILITY
The applicant is to provide relevant information and evidence which shall
support the application and in particular fulfils the requirement provided
under section 5(a) to (d) of the Act.
The applicant is also required to indicate by way of appendices and
tagging such relevant information and evidence that the applicant is
relying on in support of their submission to section 5(a) to (d).
The applicant should also provide details of any studies or researches or
documents which have been produced to assess the feasibility of
operation of the agreement and the likely benefits that could arise directly
from the agreement.
2.
Three (3) copies of the completed Form E1 and the relevant supporting
documents are to be submitted to the MyCC. The relevant supporting
documents accompanying Form E1 must also be in a format which allows for
cutting and pasting of text. Additional copies of these documents shall also be
made available to the MyCC upon request.
3.
The applicant may get its lawyers to file the application on its behalf, subject to
an authorisation in writing by the applicant in Form E1. However, a declaration
for all the information given in Form E1 must be signed by the applicant or by
the joint representative (where one has been appointed).
4.
An application for exemption is deemed as having been made only after all the
requirements in connection with the filing of Form E1 are met. An application for
exemption shall also be accompanied with the prescribed application fees.
5.
In the event where an application for exemption is not substantive or
incomplete or inaccurate, the applicant will be duly notified by the MyCC. In the
notification to the applicant, the MyCC will specify a time frame for the applicant
to respond with the required documents and information. If the applicant fails to
respond with the required documents and information within the time frame
specified, the application will be deemed as having been withdrawn and the
application fee shall be forfeited.
6.
INCOMPLETE APPLICATION FORMS
6.1 The MyCC may refuse to accept an application if such application is
incomplete, it is not accompanied by the supporting documents, if it is not
substantially in the prescribed form, if it is not accompanied by the
prescribed fee or if it does not comply with any requirements under the
Act.
7.
WAIVER OF APPLICATION FEES
7.1 Any application for a waiver of the application fee shall not be entertained
by the MyCC. The acknowledgment of receipt of an application by the
MyCC does not in any way indicate that the application is complete or
accurate.
8.
EXTENSION OF TIME
8.1 In the case where an extension of time is necessary, a written request
shall be made by the applicant to the MyCC outlining the justifications why
such an extension of time should be granted. The MyCC will thereafter
send a notification to the applicant on the decision made by the MyCC.
The period of such extension, if granted will be determined on a case by
case basis.
8.2 In some cases, it may be possible for the MyCC to dispense with
obligation to submit any particular information furnished in Form E1 where
the MyCC considers such information is unnecessary for examining the
agreement or consideration of the conduct in question.
8.3 The MyCC may also require the applicant to provide additional information,
including information on the definition of relevant market which shall form
the basis of the analysis of this application and other relevant supporting
documents to enable the MyCC to make its decision. In such a case, the
MyCC will specify a time frame for the applicant to respond with further
documents and information required. If the applicant fails to respond
within the time frame specified, the MyCC may with its discretion decide
not to consider the said application.
8.4 The applicant is required to take all reasonable steps to notify all other
parties to the agreement that an application for exemption has been made
to the MyCC. The written notification to these parties must be given within
seven (7) working days from the date on which the application is lodged
with the MyCC. In the event the applicant is unable to do so, despite the
exercise of due diligence, the MyCC may require the applicant to publish
a notice in the newspapers as it may specify.
9.
CONFIDENTIAL INFORMATION
9.1 Any confidential information in Form E1 or in any supporting documents
must be clearly identified by the applicant. The MyCC also requires the
applicant to provide a non-confidential version of Form E1 and its
supporting documents, with confidential information removed and square
brackets containing the word “CONFIDENTIAL” be replaced instead. A
separate annex should accompany the non-confidential version of each
Form E1 and the relevant supporting documents, identifying the
confidential information and providing justifications as to why the
information should be treated as confidential. A non-confidential version
and the accompanying documents should not be filed if the applicant is of
the view that the relevant Form E1 and supporting documents can be
posted on the MyCC’s website in its entirety.
9.2 The Act defines confidential information as “trade, business or industrial
information that belongs to any person that has economic value and is not
generally available to or known by others”.
9.3 Section 21 of the Act imposes a general duty on the MyCC to preserve
confidentiality although there may be a number of exceptions to this duty.
For example where disclosure is necessary for the performance or powers
of the MyCC.
10. OTHER RELATED MATTERS
10.1 The applicant must conclude Form E1 with a declaration and confirmation
that all information given in Form E1 as well all information given in the
supporting documents are correct to the best of his knowledge. Such
declaration must be signed by or on behalf of the applicant. Unsigned
applications are invalid.
10.2 Any material changes in the information contained in Form E1 and its
supporting documents which may occur after the application has been
made should be notified to the MyCC immediately.
10.3 The applicant should note that the Act provides that any person who fails
to disclose or omits to give any relevant information or evidence or
documents, or provides any relevant information or evidence or
document that he knows or has reasons to believe is false or misleading,
in response to a direction issued by the MyCC, commits an offence.
10.4 The time taken by the MyCC to issue its decision will depend very much
on the nature and complexity of the application, as well as on the volume
of applications which have been filed at that point in time. Nevertheless,
the MyCC shall endeavor to provide the applicant with the status of the
exemption application within 6 months from the date of the application
filed with the MyCC.