Most Read Contributor in Hong Kong, September 2016
Keywords: Hong Kong, competition ordinance,
The Secretary for Commerce and Economic Development, Mr. Gregory
So, has announced the commencement dates for certain key provisions
of the Competition Ordinance in a Competition Ordinance
(Commencement) Notice published in the Hong Kong Government Gazette
on 23 November 2012.
Provisions of the Ordinance broadly relating to the setting up
of the Competition Commission, including its composition and the
appointment of members, and allowing for the publication of
substantive and procedural guidelines, will come into operation
first on 18 January 2013. In due course, these guidelines will
provide some much-needed certainty with regards to how the law will
impact businesses in Hong Kong, and shape the compliance efforts
for the business sector going forward.
Other provisions relating to the setting up of the Competition
Tribunal and appointment of members as Judicial Officers will come
into operation subsequently on 1 August 2013.
The establishment of the Competition Commission in January 2013
will be a significant milestone as we move toward full enforcement
of the Conduct Rules, through investigations and ultimately the
prosecution of cases before the Tribunal.
Mayer Brown JSM will continue to monitor progress toward the
full implementation of the Ordinance with a view to publishing
detailed guidance on how the business sector can make the most of
the transitional period before the central prohibitions - or
Conduct Rules - in the Competition Ordinance become operative by
stepping up compliance efforts.
Mayer Brown JSM's Asia Antitrust & Competition team
members have been actively involved in discussions with the
Administration and business sector regarding Hong Kong's
emerging competition regime for many years. This history and our
wealth of overseas competition experience mean that we are uniquely
positioned to assist your business in this new and challenging
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partnership, and its associated entities in Asia; and Tauil &
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This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein. Please also read the JSM legal publications
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