Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Parallel conduct

  • 12 Oct 2021

    SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD

    Citation
    [2021] HKCT 2
    Court
    Competition Tribunal
    Case number
    CTA2/2018

    Meyer failed to prove the alleged agreement or concerted practice to fix prices; the 118 pairs of identical notices did not make collusion the only plausible explanation in the absence of communications and given credible, independent non-collusive explanations from Taching (following Sinopec) and Shell (internal independent pricing policy); expert reports were excluded as irrelevant; on that basis the Alleged Contravention under the First Conduct Rule is not established and Meyer must pay costs to Taching and Shell with post-pleadings costs on indemnity basis.

  • 29 May 2020

    TACHING PETROLEUM CO LTD v. MEYER ALUMINIUM LTD

    Citation
    [2020] HKCT 2
    Court
    Competition Tribunal
    Case number
    CTA1/2018

    The Tribunal dismissed the proposed wider amendment as an abuse of process for lack of particulars and contradiction with existing pleaded case; refused orders for further and better particulars where requests were unnecessary for fair disposal or already answered; granted limited leave for economic expert evidence confined to the Parallelism Issue (market structure, similarity of underlying cost factors, transparency of list prices and uniformity of list price changes for 2011–June 2017) but refused expert evidence on legal/economic context, effect and damages; and dismissed the redaction an…