COMPETITION COMMISSION v. ATAL BUILDING SERVICES ENGINEERING LTD AND OTHERS

COMPETITION COMMISSION v. ATAL BUILDING SERVICES ENGINEERING LTD AND OTHERS

The President declined to order the proposed redactions at that hearing, adjourned the confidentiality application for the Commission to provide specific evidence and/or amend the Originating Notice, waived any procedural irregularity in timing of the application, and ordered that the confidentiality ring shall include the individual respondents and the directors of corporate respondents unless the Commission adduces credible, specific evidence justifying otherwise.

Citation
[2022] HKCT 4
Parties
Applicant: Competition Commission; 1st Respondent: ATAL Building Services Engineering Limited; 2nd Respondent: Analogue Holdings Limited; 3rd Respondent: Shun Hing Engineering Contracting Company Limited; 4th Respondent: Shun Hing Holdings Company Limited; 5th Respondent: Ser Ka Wai; 6th Respondent: Cheng Kit Shun; 7th Respondent: Kwan Siu Kin
Court
Competition Tribunal
Jurisdiction
Hong Kong
Judgment Date
31 August 2022
Case Number
CTEA2/2022
Procedural Posture
Competition Tribunal Enforcement Action / First Case Management Conference; Pre Pleading; Confidentiality Application Adjourned
Outcome
Application for redaction adjourned; confidentiality ring ordered on agreed terms subject to inclusion of individual respondents and corporate directors; procedural irregularity waived
Legal Topics
Confidentiality Orders, Confidentiality Ring, Redaction of Originating Documents, Discovery and Inspection, Witness Anonymity, Open Justice, Standard of Proof
Source Language
EN
Competition Law Civil Procedure Evidence Administrative Law Constitutional Law Confidentiality Orders Confidentiality Ring Redaction of Originating Documents +4 more

Case Brief

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Parties

Competition Commission

Applicant

ATAL Building Services Engineering Limited

1st Respondent

Analogue Holdings Limited

2nd Respondent

Shun Hing Engineering Contracting Company Limited

3rd Respondent

Shun Hing Holdings Company Limited

4th Respondent

Ser Ka Wai

5th Respondent

Cheng Kit Shun

6th Respondent

Kwan Siu Kin

7th Respondent

Procedural Posture

Competition Tribunal Enforcement Action / First Case Management Conference; Pre Pleading; Confidentiality Application Adjourned

Legal Issues

  1. 1 Whether parts of the Originating Notice should be redacted as confidential
  2. 2 Whether and on what terms a confidentiality ring should be ordered
  3. 3 Whether individual respondents and corporate directors may be excluded from confidentiality ring

Ratio Decidendi

The President declined to order the proposed redactions at that hearing, adjourned the confidentiality application for the Commission to provide specific evidence and/or amend the Originating Notice, waived any procedural irregularity in timing of the application, and ordered that the confidentiality ring shall include the individual respondents and the directors of corporate respondents unless the Commission adduces credible, specific evidence justifying otherwise.

Court Disposition

Application for redaction adjourned; confidentiality ring ordered on agreed terms subject to inclusion of individual respondents and corporate directors; procedural irregularity waived

Orders

  • No redaction of the Originating Notice ordered at this hearing; application for redaction adjourned
  • The confidentiality ring is ordered on the parties' agreed terms but must include the individual respondents and the directors of the corporate respondents