On 17 May 2019 the Competition Tribunal (“Tribunal”) issued two much anticipated decisions in relation to the first and second cases brought before it by the Hong Kong Competition Commission (“Commission”). These judgments are noteworthy because, in addition to establishing the very first contraventions of the Competition Ordinance (“Ordinance”), they clarify a number of key issues, including:

  • The approach taken by the Tribunal to the attribution of an employee’s acts to their employer;
  • The approach that should be taken by the Commission when considering whether to issue a warning notice;
  • The standard of proof to be applied to proceedings before the Tribunal;
  • The approach the Tribunal takes towards defences based on sub-contracting and economic efficiencies

Read the full briefing here.

Contacts

Mark Jephcott
Mark Jephcott
Partner, London
+44 20 7466 2323
Adelaide Luke
Adelaide Luke
Partner, Hong Kong
+852 21014135
Frederick Good
Frederick Good
Associate, Hong Kong
+852 21014121
Howard Chan
Howard Chan
Associate, Hong Kong
+852 21014265