Government Approval for Industry-changing Mergers and Acquisitions before Announcement
- Leon Perera questioned whether the Competition and Consumer Commission of Singapore (CCCS) should mandate prior approval for mergers that substantially change market share to prevent market confusion and job disruption, referencing similar mandatory regimes in the US and EU.
- The Senior Parliamentary Secretary explained that Singapore uses a voluntary notification system, like the UK, Australia, and New Zealand, which balances regulation and pro-business goals by allowing self-assessment and efficient resource use by CCCS, while still enabling investigations and remedies for anti-competitive mergers after the fact.
- In response to concerns about risks and costs from unwinding mergers post-announcement, the official noted that even mandatory notification jurisdictions face non-compliance, and CCCS has powers to impose interim measures to protect public interest during investigations.
- Leon Perera suggested that mandatory notification with high thresholds could address compliance costs, but the reply emphasized that voluntary systems align with other jurisdictions and that competition authorities must always address unnotified anti-competitive mergers.
- The debate highlighted differing views on regulatory approaches, with a focus on balancing efficiency, business impact, and the ability to correct anti-competitive outcomes after mergers are announced.