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Summary of CCS Decision that Appeal Relates:
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1.On 3 November 2009, the Competition Commission of Singapore (CCS) decided that 16 coach operators and their trade association, the Express Bus Agencies Association (EBAA), had engaged in price-fixing of coach tickets.
2.CCS’ investigations revealed that the coach operators, together with the EBAA, had agreed to fix the prices of coach tickets for travelling between Singapore and destinations in Malaysia from 2006 to 2008. Through meetings arranged regularly under the auspices of EBAA, the coach operators agreed to fix the coach prices in two ways:
·Minimum Selling Prices (MSP) of the coach tickets sold.As a result, these coach operators adjusted ticket prices to either at or above the MSP, resulting in higher ticket prices.
·Fuel & Insurance Charges(FIC) imposed across the board to mark up ticket prices. The FIC was revised upwards on various occasions after it was implemented.
3.CCS has directed the Appealing Parties to terminate the MSP agreement with immediate effect. Pursuant to section 69(2)(d) of the Competition Act, CCS has imposed a financial penalty of $337,635 on the Parties.
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Relief Sought by Appellant
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1.Financial Penalty to be annulled or reduced.
2.Set aside CCS direction to cease MSP agreement.
3.No order as to costs and interests to the prejudice of the Appealing Parties.
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