COMPETITION COMMISSION v. ATAL BUILDING SERVICES ENGINEERING LTD AND OTHERS

COMPETITION COMMISSION v. ATAL BUILDING SERVICES ENGINEERING LTD AND OTHERS

Consolidation was refused because the two proceedings, while overlapping in business activity and one common party, involve distinct facts and risk complicating a combined trial; an order that evidence from one trial stand in the other was refused until witness statements are served; the Commission must provide further and better particulars in the Originating Notice of Application of the proposed pecuniary penalty (amount and methodology including sales value, geographic area, financial years, gravity percentage, duration multiplier, aggravating/mitigating factors), particulars of investigation costs (liquidated amount or particulars thereof) and identification of defects in the...

Citation
[2025] HKCT 3
Parties
Applicant: Competition Commission; 1st Respondent: Atal Building Services Engineering Limited; 2nd Respondent (ctea 2/2022): Analogue Holdings Limited; 3rd Respondent (ctea 2/2022): Shun Hing Engineering Contracting Company Limited; 4th Respondent (ctea 2/2022): Shun Hing Holdings Company Limited; 5th Respondent (ctea 2/2022): Ser Ka Wai; 6th Respondent (ctea 2/2022): Cheng Kit Shun; 7th Respondent (ctea 2/2022): Kwan Siu Kin; 2nd Respondent (ctea 2/2023): Johnson Controls Hong Kong Limited; 3rd Respondent (ctea 2/2023): York International (Northern Asia) Limited; 4th Respondent (ctea 2/2023): Johnson Controls International PLC; 5th Respondent (ctea 2/2023): Lee Yui Ming
Court
Competition Tribunal
Jurisdiction
Hong Kong
Judgment Date
25 March 2025
Case Number
CTEA2/2023
Procedural Posture
Competition Tribunal Enforcement Action (alleged Contravention of the First Conduct Rule) / Case Management Conference and Directions (pre Trial Interlocutory Orders and Determination of Particulars)
Outcome
Summons for consolidation dismissed; order for provision of further and better particulars to Johnson Controls granted in part; direction that evidence not stand across trials until witness statements served; detailed case management directions made; costs orders in favour of respondents on specified summonses.
Legal Topics
First Conduct Rule, Penalty Assessment, Particulars of Claim, Consolidation, Case Management, Witness Statements, Compliance Programmes, Costs
Source Language
EN
Competition Law Civil Procedure Administrative Law Evidence Law First Conduct Rule Penalty Assessment Particulars of Claim Consolidation +4 more

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Parties

Competition Commission

Applicant

Atal Building Services Engineering Limited

1st Respondent

Analogue Holdings Limited

2nd Respondent (ctea 2/2022)

Shun Hing Engineering Contracting Company Limited

3rd Respondent (ctea 2/2022)

Shun Hing Holdings Company Limited

4th Respondent (ctea 2/2022)

Ser Ka Wai

5th Respondent (ctea 2/2022)

Cheng Kit Shun

6th Respondent (ctea 2/2022)

Kwan Siu Kin

7th Respondent (ctea 2/2022)

Johnson Controls Hong Kong Limited

2nd Respondent (ctea 2/2023)

York International (Northern Asia) Limited

3rd Respondent (ctea 2/2023)

Johnson Controls International PLC

4th Respondent (ctea 2/2023)

Lee Yui Ming

5th Respondent (ctea 2/2023)

Procedural Posture

Competition Tribunal Enforcement Action (alleged Contravention of the First Conduct Rule) / Case Management Conference and Directions (pre Trial Interlocutory Orders and Determination of Particulars)

Legal Issues

  1. 1 Whether the two enforcement actions should be consolidated for trial
  2. 2 Whether evidence from one trial should stand as evidence in the other
  3. 3 Whether the Commission must provide further and better particulars of penalty calculations, investigation costs and compliance programme defects at the stage of the Originating Notice of Application

Ratio Decidendi

Consolidation was refused because the two proceedings, while overlapping in business activity and one common party, involve distinct facts and risk complicating a combined trial; an order that evidence from one trial stand in the other was refused until witness statements are served; the Commission must provide further and better particulars in the Originating Notice of Application of the proposed pecuniary penalty (amount and methodology including sales value, geographic area, financial years, gravity percentage, duration multiplier, aggravating/mitigating factors), particulars of investigation costs (liquidated amount or particulars thereof) and identification of defects in the...

Court Disposition

Summons for consolidation dismissed; order for provision of further and better particulars to Johnson Controls granted in part; direction that evidence not stand across trials until witness statements served; detailed case management directions made; costs orders in favour of respondents on specified summonses.

Orders

  • Summons for consolidation in CTEA 2/2022 and CTEA 2/2023 dismissed
  • Order refusing to direct that evidence in CTEA 2/2022 stand as evidence in CTEA 2/2023 until witness statements are served and practicality assessed