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Figuring out competition
Fri, Jul 13, 2007
The Straits Times
THE Competition Commission says it will soon take up 17 complaints it has received against anti-competitive business practices, but it is beginning to make its presence felt even without having to take any enforcement action since it came into existence in January 2005. Its establishment following enactment of the Competition Act first lent credibility to bids for the casino-resorts that saw foreign interests competing - and winning - on a level playing field against government-linked companies. Then the Medical Association withdrew its 20-year-old fee schedule earlier this year in the light of the commission's advice that 'recommendations of a trade association in relation to price...may be considered to be price-fixing, regardless of the form it takes'. More recently, it ended or at least paused the Nets fees controversy when it decided to take no further action 'at this point in time' on the Consumers Association of Singapore's complaint that Nets was taking advantage of its dominant or monopolistic market position to charge retailers more for online point-of-sale transactions.

It is clear that the commission, as it goes into enforcement mode, will have an appreciable impact on business behaviour and consumer expectations. But to be as effective as it should be, it will need to fill a knowledge gap. It has made a fine start with its publications and website to help the public come to grips with competition theory, the rationale and legislation as well as its own role. However, given the novelty of the issue here, the commission has to redouble efforts to educate the public on what exactly constitutes anti-competitive conduct, how a business can abuse its dominant market position and why mergers and acquisitions can reduce competition substantially. Many of these principles remain abstract to Singaporeans.

Actual cases and precedents will go a long way to explaining the more arcane concepts behind both qualitative and quantitative determination whether punitive action should be taken in a particular case. Some business people, let alone consumers, are unfamiliar with such terms as product and geographical market definition, and demand and supply elasticity and substitutability. Without disclosing any confidential information, the commission could have taken advantage of the Nets episode to elaborate beyond what its brief press release said about why Case had no case. Many people are yet to be persuaded. Its own learning curve has been steep, it concedes. So it must realise how much it has still to explain to make competition a widely understood and accepted feature of business.

 

 
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