2 Jun 2022
COMPETITION COMMISSION v. FUNGS E&M ENGINEERING CO LTD AND OTHERS
- Citation
- [2022] HKCA 786
- Court
- Court of Appeal
- Case number
- CACV46/2021
The Court held the Tribunals erred in principle by reducing the Base Amount to reflect that a respondent formed only part of an undertaking; pecuniary penalties must be specific to the undertaking and determined by reference to the undertaking's economic activity, not the internal allocation among entities; reliance on subcontracting in breach of public interest protections (HKHA DC System) is impermissible mitigation; inability to recoup must be proved with evidence; accordingly the Commission's appeals on the reductions succeed and substituted higher penalties were ordered; the Tribunal's r…