The Asia-Pacific Antitrust Review 2016

Hong Kong: Procedural Issues

11 February 2016

In 2015, we have seen the enforcement of competition law in Hong Kong fast becoming a reality. While administrative delays have meant that the Hong Kong Competition Ordinance (the Ordinance) has taken some time to be fully implemented, the government has officially gazetted 14 December 2015 as the commencement date for the Ordinance. In the run up to the commencement date, the Competition Commission (the Commission) has been busy publishing guidance documents for both businesses and consumers. In particular, the Commission, after two rounds of public consultation, published its enforcement Guidelines (the Guidelines) explaining how it will interpret and apply provisions of the Ordinance. More recently, the Commission published its much anticipated enforcement policy as well as its leniency policy for undertakings engaged in cartel conduct. With the Commission fully staffed and already reportedly logging complaints, early indications are that the Commission is set to hit the ground running on 14 December.

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