14 Mar 2018
COMPETITION COMMISSION v. NUTANIX HONG KONG LTD AND OTHERS
- Citation
- [2018] HKCT 1
- Court
- Competition Tribunal
- Case number
- CTEA1/2017
The Tribunal balanced the public interest in protecting leniency applicants and encouraging frank cooperation against the respondents’ right to relevant material and concluded that (1) Class 1 leniency documents and Class 5 unsuccessful without prejudice communications may be withheld on informer privilege and without prejudice privilege/public interest immunity grounds; (2) the original complaint form (Class 3) is disclosable to the confidentiality ring because the complainant’s identity was already deployed by the Commission; (3) Class 6 internal documents are not immune as a whole and rele…