Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Kam kwong application

Legal area

Court

11 Jan 2024

COMPETITION COMMISSION v. ATAL BUILDING SERVICES ENGINEERING LTD AND OTHERS

Citation

[2024] HKCT 1
Court

Competition Tribunal
Case number

CTEA2/2023

The President refused leave to appeal because the matters challenged were discretionary case management decisions without a material point of law; directed that Kam Kwong applications be determined at trial or when respondents agree; ordered disclosure of specified cooperation correspondence subject to an interim stay pending Court of Appeal leave application; and allocated costs (80% payable by the Commission, 20% by the 1st respondent to certain respondents).
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.