It is just over four months since the Competition Ordinance came into force on 14 December 2015. Many businesses in Hong Kong have familiarised themselves with the competition rules and invested in a competition law compliance programme to manage competition law risk.
Going forward, as the Competition Commission continues to handle incoming complaints, conducts investigations and deepens its study of certain markets in Hong Kong, we anticipate an increase in enforcement activity.
With that in mind, Mayer Brown JSM is launching an Investigation Series to introduce you to the procedural aspects of the Competition Ordinance in a reader-friendly and digestible format.
Over the coming weeks we will publish a series of bite-size articles designed to provide practical guidance on the Commission's processes and how you may deal with the Commission effectively while protecting your corporate and personal interests. Our Investigation Series will answer frequently asked questions such as:
On complaints - What happens when someone complains about my conduct to the Commission? On your duty to cooperate - How can I protect my interests while cooperating with the Commission at the same time?
On dawn raids - What happens during a dawn raid? On investigations - The Commission is investigating my business. Is there anything I can do to reduce the risk of prosecution?
On the Commission's powers - What information is the Commission entitled to take, and what information can I lawfully withhold?
On leniency - My business has been involved in a cartel for many years, but the board wishes to withdraw from the cartel now. What is the best way to do this – should we make an application for leniency?
Articles in our Investigation Series will be delivered directly to your inbox every Thursday, starting from next week, 28th April 2016. In the meantime, you may wish to brush up on the law with our Competition Law Series, available for download here.
Originally published 21 April 2016.
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