Hong Kong Competition Commission Issues

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The President of the Competition Tribunal in Hong Kong delivered its judgements which related to the suspected infringements and violations of the competition ordinance's first conduct rule.
Hong Kong Antitrust/Competition Law

The President of the Competition Tribunal in Hong Kong delivered its judgements which related to the suspected infringements and violations of the competition ordinance's first conduct rule. This rule called for prohibition to the companies who intended to enter into agreements that are anti-competitive.

These judgements clarified certain queries as far as the application of the ordinance is concerned. The Commission has the power for prosecuting the companies for the alleged violations of the ordinance. In the preceding, it is required for the commission to prove that its case is beyond the reasonable doubt instead of the probabilities balance.

The following cases are the one in context:

  • Competition Commission v Nutanix HK Ltd and others
  • Competition Commission v W. Hing Construction Company Limited and others

The two cases are considered to be landmark judgements, which revolved around changing the scenario of the Hong Kong's Competition regime. This tribunal may have solved various disputes for the Competition Ordinance, but in the process, it managed to notify the kinds of conduct that is anti-competitive are not facing closure and it ready to go beyond the boundaries of the competition law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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