Region: Hong Kong

Hong Kong defendants argue for divergence from EU

Antitrust jurisprudence in Europe has created uncertainty and Hong Kong’s Competition Tribunal should pave a different path, counsel to two companies fighting cartel claims at the specialist court have argued.

21 December 2018

Defence must prove cartel efficiencies, Hong Kong enforcer insists

It is up to the defendants accused of a cartel to prove that efficiencies from their alleged market allocation scheme offset the harm from their otherwise anticompetitive behaviour, counsel to Hong Kong’s Competition Commission has argued.

19 December 2018

Hong Kong enforcer urges judge not to muddy object versus effect

If Hong Kong’s specialist competition court orders the country’s antitrust enforcer to attach a theory of harm to its allegation that several small businesses allocated markets, it will create uncertainty about by-object and by-effect infringements, counsel to the enforcer has said.

18 December 2018

Hong Kong enforcer declines to examine its witnesses in cartel trial

Counsel to Hong Kong’s Competition Commission called six witnesses during the second day of trial of 10 small companies accused of market allocation and price fixing, but it chose not to question them on direct examination except to confirm their written statements were true.

27 November 2018

Hong Kong enforcer must show harm caused by object infringements, defence says

Hong Kong’s Competition Commission must substantiate its allegations of market sharing and price fixing against several local businesses by providing a theory of harm showing that consumers suffered, defence counsel have argued before the jurisdiction’s specialist tribunal.

26 November 2018

Second cartel case set to begin in Hong Kong

Hong Kong’s antitrust enforcer heads to trial on Monday to prosecute its second case before the jurisdiction’s Competition Tribunal, which has not yet published a decision from the first case offering guidance on what the standard of proof should be.

22 November 2018

Whish recommends changes to Hong Kong’s competition law

Hong Kong should consider expanding its merger control regime and allowing for standalone damages actions when the government reviews the country’s Competition Ordinance, a leading antitrust expert has said.

01 November 2018

Banking code not exempt from antitrust scrutiny in Hong Kong

Hong Kong’s banking code is not immune from antitrust scrutiny, but no plan currently exists to investigate or bring enforcement proceedings against any companies for complying with it, the country’s Competition Commission has said.

22 October 2018

Hong Kong refers third cartel case to competition tribunal

Hong Kong’s Competition Commission has begun proceedings against three construction companies and – for the first time – two individuals for allegedly fixing prices and allocating customers in the market for public housing renovations.

06 September 2018

Lawyers co-found, are promoted and retire

Competition practices in Latin America, Europe and Asia have been created and promoted new partners, while a prominent antitrust lawyer in Europe has retired.

23 April 2018

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