On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/04/2006.
ORDER 97
REGISTRATION OF COMPETITION
COMMISSION DIRECTIONS AND COMPETITION
APPEAL BOARD DECISIONS
COMMISSION DIRECTIONS AND COMPETITION
APPEAL BOARD DECISIONS
1. The powers conferred on the District Court by section 85 of the Competition Act (Chapter 50B) (referred to in this Order as the Act) may be exercised by a District Judge in Chambers or the Registra
2. An application under section 85 of the Act for the registration in the District Court of any direction made by the Competition Commission of Singapore pursuant to section 67 or 69 of the Act (referred to as a Direction) or an application under section 73 (9) read with section 85 of the Act for the registration in the District Court of any decision made by the Competition Appeal Board (referred to as a Decision), must be made by an ex parte originating summons.
3. An application for registration must be supported by an affidavit —
(a)
exhibiting the Direction or Decision sought to be registered or a verified or certified or otherwise duly authenticated copy thereof;
(b)
stating the name, trade or business and the usual or last known place of residence or business of —
(i)
the party seeking to register the Direction or Decision;
(ii)
the party against whom the Direction or Decision has been made, so far as known to the deponent;
(c)
stating to the best of the information or belief of the deponent that —
(i)
the party applying for the registration of the Direction or Decision is entitled to enforce the Direction or Decision as the case may be;
(ii)
as at the date of the application, the Direction or Decision has not been complied with; and
(iii)
the amount of financial penalty imposed thereunder which remains unsatisfied, if applicable.
4. The Court may order the party applying for the registration of the Direction or Decision to give security for the costs of the application and of any proceedings which may be brought to set aside the registration.
5.
—(1) An order in Form 227 giving leave to register a Direction or Decision must be drawn up by, or on behalf of, the party applying to register the Direction or Decision and served on the party against whom the Direction or Decision has been made.
(2) Every such order shall state the period within which an application may be made to set aside the registration of the Direction or Decision and shall contain a notification that execution on the Direction or Decision will not issue until after the expiration of that period.
(3) Any application to extend the period to set aside the registration of the Direction or Decision (whether as originally fixed or as subsequently extended) must be made before the expiry of that period. The Court may then extend the period on such terms as it thinks fit.
6. There shall be kept in the Registry a register of all the Directions and Decisions registered under this Order.
7.
—(1) Notice of the registration of a Direction or Decision must be served on the party against whom the Direction or Decision has been made and subject to paragraph (2), must be served personally unless the Court otherwise orders.
(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, Rules 3, 4 and 6, shall apply in relation to such a notice as they apply in relation to a writ.
(3) The notice of registration must state —
(a)
full particulars of the Direction or Decision registered and the order for registration;
(b)
the name and address of the party seeking to enforce the Direction or Decision or of his solicitor on whom, and at which, any summons issued by the party against whom the Direction or Decision has been made may be served;
(c)
that the party against whom the Direction or Decision has been made has a right to apply to have the registration set aside; and
(d)
the period within which an application to set aside the registration may be made.
8.
—(1) Within 3 days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allow, the notice or a copy thereof must be endorsed by the person who served it with the day of the week and date on which it was served.
(2) If the notice is not so endorsed within the period mentioned in paragraph (1), the person seeking to enforce the Direction or Decision may not issue execution on the Direction or Decision to which the notice relates without the leave of the Court.
(3) Every affidavit of service of any such notice must state the date on which the notice was endorsed under this Rule.
9.
—(1) An application to set aside the registration of a Direction or Decision must be made by summons supported by an affidavit.
(2) The Court hearing such application may order any issue between:
(a)
the Competition Commission of Singapore and the party against whom a Direction or Decision has been made; or
(b)
the party who has obtained a Decision and the party against whom a Decision has been made,
to be tried in any manner in which an issue in an action may be ordered to be tried.
(3) The Court hearing an application under this Rule to set aside the registration of a Direction or Decision may order the registration of the Direction or Decision to be set aside on such terms as it thinks fit.
10.
—(1) Execution shall not issue on a Direction or Decision registered under this Order until after the expiration of the period which, in accordance with Rule 5(2), is specified in the order for registration as the period within which an application may be made to set aside the registration of the Direction or Decision, or if that period has been extended by the Court, until after the expiration of that period so extended.
(2) If an application is made to set aside the registration of a Direction or Decision, execution on the Direction or Decision shall not issue until after such application is disposed of.
(3) Any party wishing to issue execution on a Direction or Decision registered under this Order must produce to the Bailiff an affidavit of service of the notice of registration of the Direction or Decision and any order made by the Court in relation to the Direction or Decision.