Hong Kong merger control
Produced in partnership with King & Wood Mallesons
Hong Kong merger control

The following Competition practice note produced in partnership with King & Wood Mallesons provides comprehensive and up to date legal information covering:

  • Hong Kong merger control
  • 1. Have there been any recent developments regarding the Hong Kong's merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Hong Kong?
  • 2. Under Hong Kong's merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to minority shareholdings?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Communications Authority?
  • More...

Hong Kong merger control

A conversation with Martyn Huckerby, international partner in the Shanghai office of international law firm King & Wood Mallesons, on key issues on merger control in Hong Kong.

NOTE–to see whether notification thresholds in Hong Kong and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Hong Kong's merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Hong Kong?

The first cross sectoral competition regime was introduced in Hong Kong when the Legislative Council passed the Competition Ordinance (Cap 619) which became law on 22 June 2012. The Competition Ordinance (including the merger control regime thereof) came into full effect on 14 December 2015.

The Hong Kong Competition Commission (Commission) and the Office of the Communications Authority (Communications Authority) are jointly responsible for oversight and enforcement of the Competition Ordinance. The Communications Authority will continue to be the lead authority responsible for reviewing and granting merger approvals. In this article, references to the Communications Authority include the Commission where concurrent jurisdiction exists.

The Communications Authority has published six Guidelines under the Competition Ordinance. The Guidelines consist of three procedural guidelines (relating to the handling of complaints, the conduct of investigations and applications for exemptions) and three substantive guidelines (relating to the First Conduct Rule, the

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