Hong Kong Competition Law

Conor Quigley KC is a barrister specialising in EU, competition and regulatory law at Serle Court Chambers.Suzanne Rab is a barrister specialising in EU, competition and regulatory law at Serle Court Chambers.

The authors are to be heartily congratulated for producing a work of this quality. I warmly recommend it not only to legal practitioners but also to anyone who desires a serious understanding of competition law in Hong Kong.

• 1. The Competition Ordinance 1.1 A new competition law for Hong Kong 1.2 The Competition Rules 1.3 Undertakings and the Competition Ordinance 1.4 Market definition in the competition rules 2. The First Conduct Rule: Agreements that Harm Competition 2.1 The First Conduct Rule 2.2 Agreements, concerted practices and decisions of undertakings2.3 Object or effect of harming competition 2.4 Agreements that may contravene the First Conduct Rule 2.5 Exclusions and exemptions from the First Conduct Rule 3. The Second Conduct Rule: Abuse of Substantial Market Power 3.1 The Second Conduct Rule 3.2 Assessment of substantial market power 3.3 Abuse of substantial market power 3.4 Conduct that constitutes an abuse of market power 3.5 Exclusions and exemptions from the Second Conduct Rule 4. The Merger Rule 4.1 Scope of the Merger Rule 4.2 Competition assessment 4.3 Exclusion based on economic efficiencies 5. Enforcement Procedures for the Competition Rules 5.1 Enforcement procedures 5.2 Applications for Commission decisions on exclusions and exemptions and block exemption order from the Conduct Rules5.3 Complaints to the Competition Commission 5.4 Investigations by the Competition Commission 5.5 Leniency 5.6 Procedures and enforcement in merger cases 5.7 Proceedings before the Competition Tribunal 5.8 Appeals from the Competition Tribunal5.9 Follow-on actions 6. The Telco Rule: the prohibition on exploitative conduct by a dominant telecommunications licensee 6.1 The Telco Rule 6.2 Market definition 6.3 Dominant position 6.4 Exploitative conduct 6.5 Enforcement of the Telco Rule 7. Competition and Hong Kong’s major economic sectors 7.1 Construction 7.2 Energy 7.3 Financial services 7.4 Retail7.5 Telecommunications and broadcasting 7.6 Transport 8. Comparative Competition Law: China, Japan and South Korea 8.1 Competition law in China and Hong Kong 8.2 Competition law in Japan 8.3 Competition law in South Korea