25 Oct 2023
COMPETITION COMMISSION v. ATAL BUILDING SERVICES ENGINEERING LTD AND OTHERS
- Citation
- [2023] HKCT 9
- Court
- Competition Tribunal
- Case number
- CTEA2/2023
The Tribunal directed that liability should be determined first and penalty determination adjourned pending trial or Kam Kwong settlements; consolidation requires applications in both proceedings and demonstration that cases ought to be dealt with together; the confidentiality regime must place the burden on the party asserting confidentiality (adopting the respondents' proposed wording for non-confidential documents); and cooperation/leniency agreements and associated communications that resulted in successful cooperation are discoverable and not protected by without prejudice privilege.