2 Jun 2022
COMPETITION COMMISSION v. W. HING CONSTRUCTION CO LTD AND OTHERS
- Citation
- [2022] HKCA 786
- Court
- Court of Appeal
- Case number
- CACV157/2021
The Court held the Tribunals erred in principle in reducing the Base Amount to reflect that named respondents formed only part of an undertaking; penalties must be specific to the undertaking and entities within are jointly and severally liable so internal apportionment or sub‑contracting cannot justify a reduction at sanction stage; reliance on unlawful sub‑contracting as mitigation offends public policy; inability to recoup is irrelevant absent clear evidence; accordingly the reductions were set aside and substituted penalties imposed as ordered; the refusal to certify three counsel was not…