The Hong Kong Government makes amendments to a proposed Competition Ordinance

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 these proposed amendments are still under review by the Bills Committee and concerns still remain (such as the general nature of the prohibitions and the non-exemption of vertical agreements), this paper clarifies the policy direction of the Government. Major amendments include: • The Canadian “dual-track” approach is rejected and the warning notice is introduced; • Infringement notice payment requirement is removed; • De minimis exemption is introduced; • Fines capped at 10% of local turnover

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Authors

  • Linklaters (Beijing)
  • Euclid Law (London)
  • Linklaters (Hong Kong)

Quotation

Yuan Cheng, Robert Gavin, Marc Peter Harvey, The Hong Kong Government makes amendments to a proposed Competition Ordinance, 25 October 2011, e-Competitions Hong Kong Competition Law, Art. N° 40990

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