Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Parallel conduct and collusion

Legal area

Court

3 Dec 2020

SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD

Citation

[2020] HKCA 1005
Court

Court of Appeal
Case number

CAMP159/2020

Leave to appeal was granted only on the narrow question whether expert evidence on damages (and availability of set-off under the Competition Ordinance) should be admitted because that raises arguable points of statutory interpretation and public importance; leave was refused on all other grounds because the Deputy President properly exercised case management by admitting only expert evidence relevant to the pleaded 'object' defence and by rejecting attempts to use expert evidence or particulars to fish for an unpleaded 'effect' defence, and her discretionary decisions on redactions and parti…
3 Dec 2020

TACHING PETROLEUM CO, LTD v. MEYER ALUMINIUM LTD

Citation

[2020] HKCA 1005
Court

Court of Appeal
Case number

CAMP158/2020

The Court upheld the Deputy President's case management: expert evidence must be confined to matters relevant to the pleaded case; market definition and broad expert opinions on whether parallel pricing proves collusion were irrelevant to the pleaded 'object' defence and therefore disallowed; the only sufficiently arguable interlocutory point meriting leave was whether expert evidence on damages/set-off under the Competition Ordinance should be admitted because of a potential statutory lacuna; the redaction and particulars refusals were discretionary and not plainly wrong.