Hong-Kong Competition Law

Anticompetitive practices

The Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour counter operator for facilitating a price-fixing cartel
Hong Kong Competition Commission
Competition Commission issues infringement notices to six hotel groups and a tour counter operator for facilitating a price-fixing cartel* The Competition Commission (“Commission”) has issued infringement notices to seven entities, including six hotel groups and a tour counter operator (...)

The Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour operator for facilitating cartel conduct
Ashurst (Singapore)
On 26 January 2021, Hong Kong’s Competition Commission (HKCC) issued infringement notices to six hotel groups and a tour operator for facilitating a cartel arrangement between two competing travel service providers, which fixed the prices of tourist attractions and transportation tickets in Hong (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgment against an IT cartel for price-fixing in the first case where the liability and relief portions of the proceedings have been resolved by settlement (Quantr / Cheung Man Kit / Nintex)
Hong Kong Competition Commission
Competition Commission welcomes judgment in IT cartel conduct case* The Competition Commission (Commission) welcomes the judgment handed down by the Competition Tribunal (Tribunal) today (3 November) in proceedings involving the exchange of competitively sensitive information in the IT sector. (...)

The Hong Kong Competition Authority cautions participants of anti-COVID-19 subsidy programs to comply with the Competition Ordinance Free
Hong Kong Competition Commission
Competition Commission cautions participants in anti-epidemic subsidy programmes to comply with Competition Ordinance* The Competition Commission (Commission) has noticed recent media reports on businesses suspected of engaging in collusive practices when procuring and supplying goods and (...)

The Hong Kong Competition Authority accepts voluntary commitments by three major online travel agents (Booking.com / Expedia / Trip.com)
Hong Kong Competition Commission
Competition Commission accepts commitments offered by online travel agents* The Competition Commission (Commission) today announced the acceptance of voluntary commitments offered under section 60 of the Competition Ordinance (Ordinance) by three major online travel agents (OTAs), namely (...)

The Hong Kong Competition Authority reminds businesses participating in anti-COVID-19 subsidy programs to adhere to the Competition Ordinance Free
Hong Kong Competition Commission
Competition Commission reminds businesses participating in anti-epidemic subsidy programmes to adhere to the Competition Ordinance* The Competition Commission (Commission) is aware that the Government has recently introduced various subsidy programmes to assist businesses and individuals (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s first judgment on its decision regarding pecuniary penalties taken against ten construction and engineering undertakings engaged in a cartel
Hong Kong Competition Commission
Competition Commission welcomes first judgment on pecuniary penalties in Hong Kong competition law regime* The Competition Commission (Commission) welcomes the judgment (Judgment) handed down by the Competition Tribunal (Tribunal) today (29 April) on pecuniary penalties against ten respondent (...)

The Hong Kong Competition Authority launches a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodation providers (Booking.com / Expedia / Trip.com)
Hogan Lovells (Hong Kong)
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Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
On 31 March 2020 the Hong Kong Competition Commission (HKCC) commenced a public consultation on the commitments offered by three online travel agents (OTAs) to remove certain parity clauses in their existing and future contracts with accommodation providers in Hong Kong. The consultation period (...)

The Hong Kong Competition Authority takes textbook cartel case to Competition Tribunal for price-fixing during the COVID-19 pandemic (T.H. Lee Book Company / Commercial Press / Sino United Publishing / Mr. Hui) Free
Hong Kong Competition Commission
Competition Commission takes Textbook cartel case to Competition Tribunal* The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against three companies, namely T.H. Lee Book Company Limited, Commercial Press (Hong Kong) Limited and Sino (...)

The Hong Kong Competition Authority clarifies its approach to information exchange in a case involving the pharmaceutical sector (Hong Kong Association of the Pharmaceutical Industry)
Linklaters (Hong Kong)
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Linklaters (Hong Kong)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Hong Kong Competition Commission (“HKCC”) recently published its decision relating to a proposed market sales survey by the Hong Kong Association of the (...)

The Hong Kong Competition Authority publishes a guide regarding a competition ordinance for the public sector
Hong Kong Competition Commission
Competition Commission Publishes Handy Guide to Competition Ordinance for Public Sector* The Competition Commission (Commission) today (11 May) published a handy “Guide to Competition Ordinance” (Guide) for the public sector to assist personnel from the government, public bodies and law (...)

The Hong Kong Competition Authority receives an application for an exemption decision on the Code of Banking Practice from several financial institutions
Hong Kong Competition Commission
Notice issued under section 10 of the Competition Ordinance of an application for a decision in relation to the Code of Banking Practice* On 11 December 2017, the Competition Commission (“Commission”) received an application for a decision (“Application”) under section 9 of the Competition (...)

The Hong Kong Competition Authority brings ten construction and engineering companies to the Tribunal for an alleged market sharing and price-fixing cartel in relation to the renovation of over 800 flats in the public housing sector
Freshfields Bruckhaus Deringer (Hong Kong)
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Freshfields Bruckhaus Deringer (Hong Kong)
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Freshfields Bruckhaus Deringer (Hong Kong)
Yesterday, the Hong Kong Competition Commission (the HKCC) took ten construction and engineering companies to the Competition Tribunal (the Tribunal) for an alleged market sharing and price fixing cartel relating to the renovation of over 800 flats in On Tat Estate, a public housing estate in (...)

The Hong Kong Competition Authority issues a complaint before the Competition Tribunal against ten construction and engineering undertakings accused of engaging in a cartel
Hong Kong Competition Commission
Competition Commission takes market sharing and price fixing case to Competition Tribunal* The Competition Commission (Commission) has today commenced proceedings in the Competition Tribunal (Tribunal) against ten construction and engineering companies, namely W. Hing Construction Company (...)

The Hong Kong Competition Authority issues a block exemption order for vessel sharing agreements in the liner shipping industry (Hong Kong Liner Shipping Association)
Hong Kong Competition Commission
Competition Commission issues block exemption order for vessel sharing agreements in the liner shipping industry* The Competition Commission (Commission) today (8 August 2017) issued a block exemption order (BEO) under section 15 of the Competition Ordinance (Ordinance) for vessel sharing (...)

The Hong Kong Competition Authority orders two professional associations to modify several provisions in their respective codes of conduct (HKIA / HKIP)
Hong Kong Competition Commission
Competition Commission calls upon two professional associations to rectify practices which raise competition concerns* The Competition Commission (Commission) today (28 November 2016) published an advisory bulletin calling upon two professional associations, namely, the Hong Kong Institute of (...)

The Hong Kong Competition Authority welcomes the action of an association which ends its practice of retail price-fixing on cigarettes (Newspaper Hawker Association)
Hong Kong Competition Commission
Competition Commission welcomes quick rectification by Hong Kong Newspaper Hawker Association on retail price of branded cigarettes* The Competition Commission (Commission) today (31 May) welcomes the quick action by the Hong Kong Newspaper Hawker Association (Association) to withdraw the (...)

The Hong Kong Competition Authority receives an application for block exemption regarding liner shipping agreements (Hong Kong Liner Shipping Association)
GeyerGorey (Washington)
Hong Kong Shipping Association Seeks Liner Exemption* The Hong Kong Liner Shipping Association has submitted to the Hong Kong Competition Commission for consideration a block exemption for liner shipping agreements. The HK Commission gave interested parties until March 24 to comment on the (...)

The Hong Kong Competition Authority publishes a draft leniency policy and guidelines for undertakings engaged in cartel conduct
Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
Leniency agreements are commonly offered by competition authorities to encourage entities engaging in anti-competitive conduct to come forward with information to assist with investigations; leniency is indeed generally regarded as one of the most successful tools for uncovering cartels, many (...)

The Hong Kong Competition Authority issues a statement on the application of the Competition Ordinance during the COVID-19 outbreak and invites businesses to contact the Authority about their cooperation plans Free
Hong Kong Competition Commission
Competition Commission issues statement on application of Competition Ordinance during COVID-19 outbreak* The Competition Commission (Commission) is aware of the challenges which the outbreak of COVID-19 poses to business operations and the supply of critical goods and services in Hong Kong. (...)

The Hong Kong Competition Authority releases a draft leniency policy and guidelines on cartel conduct
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Hong Kong Competition Commission Releases Leniency Guidelines* On September 23, the Hong Kong Competition Commission (HKCC) released a draft of its “Leniency Policy for Undertakings Engaged in Cartel Conduct.” The draft specifies when the HKCC will refrain from pursuing monetary penalties (...)

General antitrust

The Hong Kong Competition Authority signs a memorandum of understanding with the Philippine Competition Authority to strengthen cooperation in the advancement of competition law and policy
Hong Kong Competition Commission
Competition Commission signs MoU with Philippine Competition Commission to strengthen cooperation in the advancement of competition law and policy* The Competition Commission (Commission) signed a Memorandum of Understanding (MoU) with the Philippine Competition Commission (PCC) today to (...)

The Hong Kong Competition Authority publishes its policy on recommended pecuniary penalties for anti-competitive conduct
Hong Kong Competition Commission
Competition Commission publishes Policy on Recommended Pecuniary Penalties for anti-competitive conduct* The Competition Commission (Commission) today published a policy on recommended pecuniary penalties (Policy) for anti-competitive conduct. The Policy outlines the general principles and (...)

The Hong Kong Competition Authority and the Securities and Futures Commission sign a memorandum of understanding to enhance collaboration and the exchange of information on competition issues in the securities and futures industry
Herbert Smith Freehills (Hong Kong)
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Reed Smith (Hong Kong)
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Herbert Smith Freehills (Hong Kong)
On 28 April 2020, the Hong Kong Competition Commission (HKCC) and the Securities and Futures Commission (SFC) announced that they had signed a memorandum of understanding (MoU) to enhance collaboration and exchange of information, particularly in respect of competition issues in the securities (...)

The Hong Kong Competition Authority publishes a cooperation and settlement policy expanding its leniency program
Hogan Lovells (Hong Kong)
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Hogan Lovells (Hong Kong)
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Hogan Lovells (Beijing)
On 29 April 2019, the Hong Kong Competition Commission (’HKCC’) published the Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (’Cooperation Policy’). In essence, the Cooperation Policy expands HKCC’s Leniency Policy, published in November 2015, just before the full (...)

The Hong Kong Competition Authority publishes a cooperation and settlement policy to complement its existing leniency framework
Hong Kong Competition Commission
The Commission has published a Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (Cooperation Policy) as a supplement to its existing Leniency Policy for Undertakings Engaged in Cartel Conduct (Leniency Policy) and Enforcement Policy. Under the Cooperation Policy, (...)

The Hong Kong Competition Authority issues a report outlining the findings of its study into the auto-fuel market
Hong Kong Competition Commission
Competition Commission announces findings of its study into Hong Kong’s auto-fuel market* The Competition Commission (Commission) today (4 May) released a report outlining the findings of its study into the auto-fuel market in Hong Kong. The report identifies a number of issues which the (...)

The Canadian Competition Authority signs a competition law memorandum of understanding with the Hong Kong Competition Authority
Commonwealth Secretariat (London)
Introduction Canada expanded its international competition law cooperation framework on 2 December 2016 when the commissioner of competition (commissioner), who has statutory authority to administer and enforce Canada’s Competition Act (Act), signed a Memorandum of Understanding (MOU) with (...)

The Hong Kong Competition Authority issues a report on the residential building renovation and maintenance market
Hong Kong Competition Commission
Competition Commission announces results of its study into aspects of the residential building renovation and maintenance market* The Competition Commission (Commission) today (24 May) released a report outlining the results of its study into certain aspects of the residential building (...)

The Hong Kong Competition Authority publishes an enforcement policy and a leniency policy and places the focus on encouraging compliance
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (Hong Kong)
On 19 November the Hong Kong Competition Commission (the Commission) published the long-awaited enforcement policy and the leniency policy under the Competition Ordinance (the Ordinance). We highlight the key points of each policy below. The Commission’s enforcement policy The Commission (...)

The Hong Kong Competition Authority publishes its final guidelines on how it proposes to interpret and enforce the Competition Ordinance
Simmons and Simmons (Hong Kong)
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Simmons and Simmons (Hong Kong)
Following the announcement that the Competition Ordinance (Cap 619) (Ordinance) will come into effect on 14 December 2015, the Competition Commission (Commission) and Communications Authority (collectively, the Competition Authorities) released the final guidelines to accompany the Ordinance (...)

The Hong Kong Parliament passes a comprehensive competition law which includes the classic prohibitions of anti-competitive agreements, abuses of market power, and a merger control regime
Jones Day (Sydney)
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Jones Day (Beijing)
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Herbert Smith Freehills (Hong Kong)
After years of discussions, the Hong Kong Legislative Council finally passed a comprehensive competition law (the "HK Competition Law"). The HK Competition Law includes the classic prohibitions of anticompetitive agreements and abuses of market power, as well as a merger control regime (with (...)

The Hong Kong Parliament adopts its first comprehensive competition bill establishing legislation to deal with price-fixing, collusion, abuse of market power, and merger review
Deacons (Hong Kong)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Hong Kong passed its first comprehensive Competition Bill on June 14, 2012. With its passage, Hong Kong now has in place legislation to deal with price fixing, (...)

The Hong Kong Parliament adopts a Competition Ordinance which creates its National Competition Authority
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
On December 14, 2015, Hong Kong became the latest jurisdiction to prohibit anticompetitive agreements and unilateral conduct. The Competition Ordinance (Ordinance) is Hong Kong’s first cross-sector competition law for this international financial hub. For the first time, the Hong Kong government (...)

The Hong Kong Parliament adopts a cross-sector competition law regime
Norton Rose Fulbright (Hong Kong)
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Airbnb (Singapore)
On 14 June 2012, the Legislative Council adopted the Competition Ordinance, which introduces a cross-sector competition law regime in Hong Kong. Hong Kong is among the last jurisdictions in Asia to introduce a competition legislation of general application. The competition law map of the region (...)

The Hong Kong Government makes amendments to a proposed Competition Ordinance
Linklaters (Beijing)
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Euclid Law (London)
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Linklaters (Hong Kong)
On 25 October 2011, the Bills Committee considering the proposed Hong Kong Competition Bill (the “Bill”) discussed the Hong Kong Government’s proposed amendments to the Bill. The amendments seek to address some of the concerns that have been raised by the business community in Hong Kong. Although (...)

Unilateral Practices

The Hong Kong Competition Authority brings the first case on abuse of substantial market power to the Competition Tribunal (Linde)
Hong Kong Competition Commission
Competition Commission brings first case on abuse of substantial market power to Competition Tribunal* The Competition Commission (“Commission”) has today filed a case in the Competition Tribunal (“Tribunal”) against Linde HKO Limited (“Linde HKO”) and Linde GmbH (collectively referred to as “Linde” (...)

Mergers

The Hong Kong Competition Authority accepts commitments by four container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)
Hong Kong Competition Commission
Competition Commission accepts commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today announced the acceptance of commitments (“Commitments”) offered under section 60 of the Competition Ordinance (“Ordinance”) by Modern Terminals Limited (“MTL”) and HPHT Limited (...)

The Hong Kong Competition Authority opens public consultations on commitments offered by four container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)
Hong Kong Competition Commission
Competition Commission consults on proposed commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today commenced a consultation on proposed commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by the Hong Kong Seaport Alliance (...)

Procedures

The Hong Kong High Court rejects allegations by a travel agency that certain directives issued by the Travel Industry Council were anti-competitive (Loyal Profit / TIC)
Baker McKenzie (Hong Kong)
On 27 April 2017, Hong Kong’s High Court rejected allegations by travel agency, Loyal Profit International Development that certain directives issued by the Travel Industry Council (TIC) were anti-competitive, and refused to rule on alleged violations of competition law. Loyal Profit alleged (...)

The Hong Kong High Court confirms the Competition Tribunal’s competence for stand-alone private actions in competition cases (Loyal Profit / TIC)
Linklaters (Hong Kong)
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Linklaters (Hong Kong)
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StubHub (Hong Kong)
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Hong Kong Court confirms bar on stand-alone private actions in competition cases* The Hong Kong Court of First Instance rejected a claim that it had jurisdiction (...)

Regulatory

The Hong Kong Transport and Housing Bureau releases the fare adjustment mechanism applicable to the monopolist railway company (MTRCL)
University College London
The joint review of the Fare Adjustment Mechanism (“FAM”) of the MTR Corporation Company Limited (“MTRCL”), the only railway company in Hong Kong, by the Government of the Hong Kong Special Administrative Region (“HKSARG”) and MTRCL was completed. The outcome of the review was approved by the (...)

The Hong Kong Communications Authority reviews the regulatory guidance on the charging principles of interconnection between fixed carriers
University College London
The Communications Authority of Hong Kong has recently initiated a public consultation on the Review of Regulatory Guidance on the Charging Principles of Interconnection between Fixed Carriers (the "Consultation"). The two-month consultation was conducted from 7 November 2012 to 7 January 2013. (...)

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