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CCCS Issues Positive Guidance in First Case Under Streamlined Process for Collaborations Pursuing Environmental Sustainability Objectives

2025, Singapore, Abuse of Dominance

3 January 2025

(View Media Release in PDF)

1. The Competition and Consumer Commission of Singapore (“CCCS”) has given positive guidance that the joint establishment and operation of Beverage Container Return Scheme (BCRS) Ltd. (“BCRS Ltd.”) by Coca-Cola Singapore Beverages Pte. Ltd., F&N Foods Pte Ltd and Pokka Pte. Ltd. (collectively the “Parties”) is unlikely to infringe sections 34 and 47 of the Competition Act 2004 (“Competition Act”)[1].

2. The Parties and BCRS Ltd. (collectively the “Applicants”) applied to CCCS for guidance on whether the joint establishment and operation of BCRS Ltd. by the Parties is likely to infringe section 34 or section 47 of the Competition Act. This was the first Notification for Guidance (“NG”) where CCCS applied the streamlined process outlined in CCCS’s Environmental Sustainability Collaboration Guidance Note (“ESCGN”)[2] to assess collaborations pursuing environmental sustainability objectives[3].

3. BCRS Ltd. is a not-for-profit company licensed by the National Environment Agency (“NEA”) to design and operate the Beverage Container Return Scheme (the “Scheme”) in Singapore, which is targeted to launch on 1 April 2026.[4] Under the Scheme, pre-packaged beverages in plastic and metal containers ranging from 150 millilitres to 3 litres will have a refundable deposit of $0.10. This deposit will be fully refunded when empty beverage containers are returned at designated return points, such as reverse vending machines at larger supermarkets.[5]

4. The Applicants’ NG followed earlier competition advice that CCCS had provided to the NEA, on how NEA could mitigate potential competition concerns when developing the Scheme.[6] The NG also provided the opportunity for the Applicants to clarify and address any residual competition concerns regarding the joint establishment and operation of BCRS Ltd. In line with the expedited timeline under the ESCGN, CCCS completed its assessment within 30 working days.

5. Mr. Alvin Koh, Chief Executive of CCCS, said: “CCCS is supportive of Singapore's environmental sustainability goals while ensuring fair competition in our markets. Our streamlined process, with defined timeframes, allows for quicker decision-making without compromising thorough assessment. We encourage businesses to engage us early with complete information so that CCCS can respond promptly on whether their environmental sustainability initiatives comply with the Competition Act.”

6. Businesses are encouraged to familiarise themselves with the ESCGN to gain greater clarity when planning collaborations with environmental sustainability objectives to ensure compliance with the Competition Act. Businesses that wish to seek more legal certainty may choose to notify their collaborations to CCCS for guidance or decision via https://www.go.gov.sg/approach-cccs.