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.