2 Jun 2022
COMPETITION COMMISSION v. W. HING CONSTRUCTION CO LTD AND OTHERS
- Citation
- [2022] HKCA 786
- Court
- Court of Appeal
- Case number
- CACV143/2020
The Court held the Tribunal erred in principle by reducing the Base Amount to reflect that certain respondents formed only part of the undertaking; pecuniary penalties must be imposed and determined with reference to the undertaking as an economic unit, not by apportioning the Base Amount among entities within it; unlawful sub-contracting cannot be relied upon as a mitigating factor; inability to recoup must be proved with evidence; accordingly reductions in Step 2 were set aside and substituted penalties imposed; denial of certificate for three counsel was not plainly wrong and that part of…