Cartel regulation—Hong Kong—Q&A guide
Cartel regulation—Hong Kong—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—Hong Kong—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in Hong Kong published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Linklaters LLP—Marcus Pollard; Kathleen Gooi

1. What is the relevant legislation?

The Competition Ordinance is the primary source of competition law in Hong Kong. The substantive provisions of the Ordinance came into effect in December 2015.

2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?

Hong Kong has a prosecutorial competition law regime. The Competition Commission is responsible for investigating alleged contraventions (including cartel conduct), and initiating enforcement proceedings before the Competition Tribunal. The Communications Authority shares concurrent jurisdiction with the Commission regarding undertakings in the telecommunications and broadcasting sectors.

The Tribunal adjudicates and decides on competition cases brought by the Commission. It is composed of judges of the Court of First Instance and has the same jurisdiction to grant remedies and reliefs, equitable or legal, as the Court of First Instance.

3. Have there been any recent changes, or proposals for change, to the regime?

The Hong Kong government is conducting a review of the Ordinance. No significant changes to the Ordinance are currently anticipated. The key potential change would be to remove the existing exemptions for statutory bodies.

4.

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