17 May 2018
TACHING PETROLEUM CO LTD v. MEYER ALUMINIUM LTD
- Citation
- [2018] HKCFI 1074
- Court
- Court of First Instance
- Case number
- HCA1929/2017
The defendant has adduced sufficient prima facie circumstantial evidence (prolonged parallel net pricing against the defendant substantially above other market quotes, confidentiality of pricing, and absence of explanation by plaintiff) to raise triable issues on contravention of the first conduct rule; accordingly the allegation must be transferred to the Competition Tribunal and leave to defend is granted subject to payment into court, but a stay pending Commission investigation is not warranted on the present evidence.