COMPETITION COMMISSION v. NUTANIX HONG KONG LTD AND OTHERS

COMPETITION COMMISSION v. NUTANIX HONG KONG LTD AND OTHERS

The Tribunal adopted a confidentiality protocol restricting use of all produced documents to these proceedings (wider protection to guard against collateral use), directed the Applicant to supply lists of documents with a verifying affidavit, set specific timetables (including 12 weeks from provision of lists for third-party discovery applications and for applications on expert evidence), fixed dates for witness summons applications and the next CMC, targeted a substantive hearing period, refused the 3rd Respondent's request for an extended filing period beyond a short extension, and ordered the 3rd Respondent to pay the costs of its summons.

Citation
COMPETITION COMMISSION v. NUTANIX HONG KONG LTD AND OTHERS
Parties
Applicant: COMPETITION COMMISSION; 1st Respondent: NUTANIX HONG KONG LIMITED; 2nd Respondent: BT HONG KONG LIMITED; 3rd Respondent: SIS INTERNATIONAL LIMITED; 4th Respondent: INNOVIX DISTRIBUTION LIMITED (trading as INNOVIX DISTRIBUTION); 5th Respondent: TECH 21 SYSTEMS LIMITED
Court
Competition Tribunal
Jurisdiction
Hong Kong
Judgment Date
12 June 2017
Case Number
CTEA1/2017
Procedural Posture
Enforcement Action / Case Management Conference
Outcome
Directions issued at first CMC granting confidentiality protocol with broad restrictions; disclosure and timetable directions set; 3rd Respondent's application for extended time refused except for a final 14-day extension; 3rd Respondent ordered to pay costs of its summons.
Legal Topics
Confidentiality Protocol, Disclosure and Discovery (including Unused Material), Third Party Discovery, Admissibility and Self Incrimination (s45), Strike Out Applications, Timetable and Case Management Directions, Expert Evidence, Witness Summons
Source Language
EN
Competition Law Civil Procedure Evidence Law Regulatory Enforcement Confidentiality Protocol Disclosure and Discovery (including Unused Material) Third Party Discovery Admissibility and Self Incrimination (s45) +4 more

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Parties

COMPETITION COMMISSION

Applicant

NUTANIX HONG KONG LIMITED

1st Respondent

BT HONG KONG LIMITED

2nd Respondent

SIS INTERNATIONAL LIMITED

3rd Respondent

INNOVIX DISTRIBUTION LIMITED (trading as INNOVIX DISTRIBUTION)

4th Respondent

TECH 21 SYSTEMS LIMITED

5th Respondent

Procedural Posture

Enforcement Action / Case Management Conference

Legal Issues

  1. 1 Scope and form of confidentiality undertakings (confidentiality ring and collateral use)
  2. 2 Extent of disclosure by Applicant including used and unused materials
  3. 3 Appropriate timetable for third party discovery applications

Ratio Decidendi

The Tribunal adopted a confidentiality protocol restricting use of all produced documents to these proceedings (wider protection to guard against collateral use), directed the Applicant to supply lists of documents with a verifying affidavit, set specific timetables (including 12 weeks from provision of lists for third-party discovery applications and for applications on expert evidence), fixed dates for witness summons applications and the next CMC, targeted a substantive hearing period, refused the 3rd Respondent's request for an extended filing period beyond a short extension, and ordered the 3rd Respondent to pay the costs of its summons.

Court Disposition

Directions issued at first CMC granting confidentiality protocol with broad restrictions; disclosure and timetable directions set; 3rd Respondent's application for extended time refused except for a final 14-day extension; 3rd Respondent ordered to pay costs of its summons.

Orders

  • Tribunal adopts proposed confidentiality protocol wording giving wide protection and creating a confidentiality ring whose members must undertake to use produced documents only for these proceedings and appeals
  • Applicant to supply lists of documents and provide an affidavit verifying the lists