12 Oct 2021
SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD
- Citation
- [2021] HKCT 2
- Court
- Competition Tribunal
- Case number
- CTA2/2018
Meyer failed to prove the alleged agreement or concerted practice to fix prices; the 118 pairs of identical notices did not make collusion the only plausible explanation in the absence of communications and given credible, independent non-collusive explanations from Taching (following Sinopec) and Shell (internal independent pricing policy); expert reports were excluded as irrelevant; on that basis the Alleged Contravention under the First Conduct Rule is not established and Meyer must pay costs to Taching and Shell with post-pleadings costs on indemnity basis.