17 Jul 2020
COMPETITION COMMISSION v. FUNGS E&M ENGINEERING CO LTD
- Citation
- [2020] HKCT 4
- Court
- Competition Tribunal
- Case number
- CTEA1/2019
Substitution and joinder were refused because enforcement proceedings are prosecutorial in nature and the Tribunal must not usurp the Commission's discretion to decide whom to prosecute; the Pau Agreement, even if genuine, does not prevent the Commission pursuing R1 and does not justify substitution or addition as a party. Leave to issue third party proceedings against Pau was granted because the conditions under Order 16(1) RHC are met (claim for contribution/indemnity and Pau has a legitimate legal/financial interest), bringing her in avoids multiplicity and leaves Tribunal findings binding…