Hong Kong Case Law: Decisions & Judgments

Topic

Market allocation

Legal area

Court

26 Jul 2023

COMPETITION COMMISSION v. QUADIENT TECHNOLOGIES HONG KONG LTD AND OTHERS

Citation

[2023] HKCT 6
Court

Competition Tribunal
Case number

CTEA1/2021

The Tribunal accepted the parties' joint application under Rule 39 to dispose of the enforcement proceedings on agreed facts, accepted the Parties' admissions that between 19 April 2018 and 23 January 2019 the respondents (through their representatives) entered into and gave effect to an agreement and concerted practice to fix prices, rig bids and allocate customers in respect of Neopost inserters in Hong Kong in contravention of s6(1) of the Competition Ordinance, that the conduct was serious anti‑competitive conduct, and that the conduct of identified employees was attributable to the corpo…
22 Jul 2022

COMPETITION COMMISSION v. KAM KWONG ENGINEERING COMPANY LTD AND OTHERS

Citation

[2022] HKCT 2
Court

Competition Tribunal
Case number

CTEA1/2018

The Tribunal held that ss91–93 require penalties to be imposed on each legal person involved rather than treating distinct legal persons as a single undertaking for penalty imposition; it rejected the respondents' single‑undertaking argument, accepted the Commission’s penalty methodology subject to a 9% reduction for cooperation for the 3rd Respondent, and imposed individual pecuniary penalties and undertakings in lieu of injunctions plus costs as sought.
14 Oct 2020

COMPETITION COMMISSION 對 FUNGS E&M ENGINEERING CO LTD 及另八人

Citation

[2020] HKCT 8
Court

Competition Tribunal
Case number

CTEA1/2019

On the admitted facts the Tribunal found beyond reasonable doubt that R1–R6 entered into and executed market/customer allocation and price coordination arrangements that constituted 'serious anti-competitive conduct' and breached the first conduct rule (s6); R7 and R8 knowingly participated and were 'involved in' the breach under s91(d); R9 as director failed adequately to supervise and was found unfit under s102, meriting consideration of a disqualification order under s101. Declaratory relief was appropriate and ordered; penalty and remedial hearings were scheduled.
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…

Hong Kong Case Law

COMPETITION COMMISSION v. QUADIENT TECHNOLOGIES HONG KONG LTD AND OTHERS

COMPETITION COMMISSION v. KAM KWONG ENGINEERING COMPANY LTD AND OTHERS

COMPETITION COMMISSION 對 FUNGS E&M ENGINEERING CO LTD 及另八人

COMPETITION COMMISSION v. W. HING CONSTRUCTION CO LTD AND OTHERS