17 May 2019
COMPETITION COMMISSION v. W. HING CONSTRUCTION CO LTD AND OTHERS
- Citation
- [2019] HKCT 3
- Court
- Competition Tribunal
- Case number
- CTEA2/2017
The Tribunal found on the evidence that the 10 Appointed DCs entered into and implemented both a Floor Allocation Arrangement (market sharing by floor) and a Package Price Arrangement (joint flyer with fixed package prices); both arrangements were by their very nature restrictions of competition by object (market allocation and price fixing) within s6; the respondents who relied on Schedule 1 s1 bore the persuasive burden to prove the efficiency defence on the balance of probabilities (presumption of innocence engaged but the reverse onus is proportionate); the asserted efficiencies were not…