Page:Electricity Act 2001.pdf/54

Rh (5) Unless the context otherwise requires, a provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying, with any necessary modification, equally to, or in relation to, a decision by any person or a concerted practice.

(6) Subsection (1) applies to agreements, decisions and concerted practices implemented before, on or after the appointed day.

Abuse of dominant position

51.—(1) Subject to section 52, any conduct on the part of one or more persons which amounts to the abuse of a dominant position in any wholesale electricity market or the retail electricity market in Singapore is prohibited if it may affect trade within Singapore.

(2) Conduct may, in particular, constitute such an abuse if it consists of—
 * (a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions of electricity in Singapore;
 * (b) limiting generation of electricity, any wholesale electricity market, the retail electricity market or technical development in the electricity industry in Singapore to the prejudice of consumers;
 * (c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or
 * (d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts.

(3) For the purposes of this section, “dominant position” means a dominant position within Singapore.

Exemption

52.—(1) The Authority may, with the approval of the Minister, on the application of any person or on its own initiative, grant an exemption from section 50 (1) or 51 (1) to any agreement or conduct.

(2) An exemption under subsection (1)—
 * (a) may be granted subject to such conditions or obligations as the Authority considers appropriate;