12 Dec 2025
COMPETITION COMMISSION v. ATAL BUILDING SERVICES ENGINEERING LTD AND OTHERS
- Citation
- [2025] HKCA 1120
- Court
- Court of Appeal
- Case number
- CAMP370/2023
Where a settling party has admitted liability and agreed to cooperate, correspondence and communications forming part of the cooperation process and relied on by the Commission are, as a class, disclosable to non‑settling respondents when relevant to assessing credibility and fairness of the prosecution case; by contrast, without prejudice privilege does not generally protect successful settlement communications from disclosure in that context. The President's exercise of discretion to adjourn determination of a Kam Kwong penalty until after trial or after all respondents agree to settlement…