What Hong Kong Competition Ordinance (Cap 619) requires
The Competition Ordinance (Cap 619, Ordinance No. 14 of 2012) is Hong Kong's first cross-sector competition statute. The substantive Conduct Rules came into force on 14 December 2015 (the Competition Commission and Competition Tribunal were established earlier). The Ordinance is organised in ten Parts and three Schedules. Part 2 contains the two substantive Conduct Rules: s. 6 First Conduct Rule prohibits agreements between undertakings, decisions by associations of undertakings, and concerted practices that have as their object or effect the prevention, restriction or distortion of competition in Hong Kong (mirroring TFEU Art. 101); s. 21 Second Conduct Rule prohibits abuse by an undertaking with a substantial degree of market power by engaging in conduct that has as its object or effect the prevention, restriction or distortion of competition in Hong Kong (Hong Kong-specific market-power test rather than TFEU Art. 102 dominance). Section 8 distinguishes Serious Anti-competitive Conduct (hardcore cartels: price fixing, market sharing, output restriction, bid-rigging) which is not eligible for warning notices. Sections 12-14 set exclusions: agreements of lesser significance (de minimis turnover threshold of HKD 200 million for First Conduct Rule, HKD 40 million for Second), economic efficiency block exemption order, and services of general economic interest. Part 3 vests investigation powers in the Competition Commission. Part 4 establishes the Competition Tribunal as a superior court of record. Part 5 governs Tribunal review of Commission decisions. Part 6 contains follow-on private actions under s. 110 inserted in 2017. Section 93 sets pecuniary penalties at up to 10 percent of the group's Hong Kong turnover in each year of contravention, capped at three years. Section 91 provides disqualification of director up to five years.
Pillar: Competition & Antitrust · Authority: Department of Justice (HKSAR) via HKLII (Hong Kong Legal Information Institute) mirror of e-Legislation · Version: 1.0.0 · Last updated:
Primary source: https://www.hklii.hk/eng/hk/legis/ord/619/index.html
SHA-256 integrity: 3bf7ed3df1d6d5cb26b54e40cd8818c3ce6b65bc208bdead1ec85830bc7218c0
Primary Citations — 11 traced to source
- Competition Ordinance Cap 619, s. 6 - First Conduct Rule (anti-competitive agreements)
- Competition Ordinance Cap 619, s. 8 - Serious Anti-competitive Conduct (hardcore cartels)
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