17 May 2019
COMPETITION COMMISSION v. NUTANIX HONG KONG LTD AND OTHERS
- Citation
- [2019] HKCT 2
- Court
- Competition Tribunal
- Case number
- CTEA1/2017
Applying criminal standard of proof (beyond reasonable doubt), the Tribunal found beyond reasonable doubt that Nutanix and BT arranged for dummy bids and that Nutanix, BT and Innovix, and Nutanix and Tech‑21 engaged in agreements or concerted practices whose object was to prevent, restrict or distort competition (and met the statutory definition of bid‑rigging); the agreements were not made known to YWCA and the Commission had reasonable cause to believe at commencement that YWCA did not know, so no warning notice was required; conduct of junior employee (Shek) was held not attributable to Si…