This is a significant breakthrough in hong kong s economic policy. The hong kong competition ordinance competition ordinance went into full implementation on december 14, 2015. Competition law in hong kong is the law that sustains the market competition through controlling the companies anticompetitive conduct. Guideline the second conduct rule competition commission. The protection of human rights under the hong kong basic law. Competition law in singapore 1 introduction singapore is one of the worlds most open and competitive economies. Update on competition law in hong kong the longawaited competition ordinance has come into full force as of 14 december last year after a decade and a half of public discussion and debate.
Statutory bodies and hong kongs proposed competition law. This is the first crosssector competition law in hong kong, which is one of the last developed economies to adopt such law. After three rounds of public consultation and debate, and several false starts1, the government appears committed to moving forward with proposals it. Barbara clancy legal counsel international rugby board what our clients say. The competition commission commenced proceedings in the competition tribunal against individuals for the first time. Jan 15, 2016 hong kongs first crosssector competition law the competition ordinance ordinance finally came into full force on 14 december 2015. What you need to know about hong kong competition law part 1 general overview 14 october 2015 the implementation of the new competition ordinance chapter 619 of the laws of hong kong the competition ordinance on 14 december 2015 will mark the first time that hong kong has a general and crosssector competition law. Proceeds of crime and bribery hong kong and prc regulations, presented in december 2008. A guide to antitrust and competition law in asia pacific 3 australia as a significant exporter of mineral, energy and agricultural commodities to asia, the interaction of australias merger control regime with other antitrust and competition laws in the asia pacific region is increasing, especially given the growing number of regimes in asia. The following information describes how we can help your organization. Basics of contract law, presented to the hong kong institution of engineers in august 2008. A competition law for hong kong competition policy.
Organisers cuhk faculty of laws centre for financial regulation and economic development cfred. Since then, the hong kong competition commission commission has initiated initial assessment of 111 cases. Kelvin kwok second from left, assistant professor of university of hong kong and barristerat law, ms. Statutory bodies and hong kongs proposed competition law exempt or exposed. The regime, which will introduce prohibitions against anticompetitive agreements and abuse of substantial market power, is expected to have a significant impact on hong kong businesses, including on the way in which industry associations and their. The hong kong competition commission is actively investigating cases to enforce compliance with the ordinance and has already brought its first case before the competition tribunal. Specific sections deal with the application of competition law to the major economic sectors in hong kong. Hong kong is justifiably proud of its reputation for having one of the most thriving and dynamic economies in the world. Tai, the development of constitutionalism in hong kong in raymond wacks, ed. Lecture theatre 2, graduate law centre, chinese university of hong kong. Hong kongs universities and other legal education and training bodies will likely add new modules on the competition law and practice. Cfreds third company law colloquium perspectives on. Section 23 of the ordinance provides that this is the case notwithstanding that the abusive conduct takes place outside hong kong or the undertaking that engages in the abusive conduct is located outside hong kong. Airport hong kong is a major international and regional aviation hub.
Since the hong kong competition ordinance took full effect on 14 december 2015, the competition commission has gradually shifted to a harder line enforcement style. Speaking at a recent conference in hong kong, the president of the hong kong competition tribunal, mr justice godfrey lam, examined whether parties might seek remedies for anticompetitive acts in hong kong based on common law economic torts without relying. Hong kong and the european union friday, 22 april 2016. Rule of law hong kong has a wellestablished and trusted legal system based on the common law. The 16 chapters of the book cover all basic contract concepts in a readerfriendly style and make ample use of case illustrations. The ordinance became law in june 2012, initially bringing into effect only the provisions allowing for the regulatory framework to be put into place. Contract law in hong kong michael fisher, desmond g. If you want to match the order of words, specify near apple, lemon, 2, true a percent sign % can be used to match zero or more characters. We advise on all aspects of competition law, from merger control to competition litigation. Mar 16, 2016 competition law dos and donts philip lee. Parr article on competition law independent hong kong.
We summarised the public response to the document in the report on public consultation on the way forward for hong kongs competition policy3. Hong kong competition law also sets out fully the procedural and enforcement rules before the competition commission and the competition tribunal. Decisions made by the tribunal and other courts are also important. University of hong kong faculty of law research paper no.
Hong kongs first economywide competition law regime is set to come into force during 2015. The faculty of law of the chinese university of hong kong. This indicated that a there was wide support for a crosssector competition law in hong kong. The prohibitions in the law are expected to come into effect when the new competition commission and tribunal have been established, which the administration estimates may take approximately 12 months. Dec 14, 2015 competition law is now a key feature of doing business in or with companies in hong kong. Hong kong competition law conor quigley, suzanne rab on. Apple is good means to find documents having the exact phrase apple is good. What you need to know about hong kong competition law. Current issues in securities enforcement 18 june 2015 evening at room 824, 8f cheng yu tung tower, the university of hong kong.
Hong kong competition law concerns in the employment. Aug 14, 2017 since the hong kong competition ordinance took full effect on 14 december 2015, the competition commission has gradually shifted to a harder line enforcement style. As mentioned in our previous articles, if the hong kong competition commission the commission proceeds to a formal investigation, it will have at its disposal a full arsenal of investigative tools. On 9 april 2018, the hong kong competition commission commission published an advisory bulletin to alert businesses of competition law risks relating to employment practices. Date 19 january 20 10 april 2010 tuesday evening s time 6. Freshfields bruckhaus deringer, look at the enforcement of the ordinance so far and map out the likely future trajectory of competition compliance in hong kong. Hong kong s competition ordinance was passed in 2012.
Further on the first conduct rule is hong kong falling behind on the rules governing anticompetitive conduct. The primary source of competition law in hong kong is the competition ordinance cap 619 ordinance and its related subsidiary legislation the competition commission commission is the principal competition authority responsible for enforcing the ordinance through enforcement proceedings before the competition tribunal. Cheng said that while interlocking directorates were a significant issue in hong kong, the commission needed to tread cautiously, considering that they were a relatively infrequently. Lim, professor of law at the university of hong kong and. This is the first crosssector competition law in hong kong, which is. The professional conference circuit will likely put competition on the same footing as antimoney laundering and fatca foreign account tax compliance act as the hot conference topics. Under this law it is necessary, in order to conduct a prize promotion based on chance, to obtain approval from the competent authorities and a licence to carry out the promotion. The hong kong and beijing offices work as an integrated team with our london and brussels offices, and we have close working relationships with the competition practices of other leading firms across the asia pacific region. The hong kong government is proposing to introduce a crosssector competition law. The hong kong and beijing offices work as an integrated team with our london and brussels offices, and we have close working relationships with the competition practices of.
The global, award winning team at hogan lovells is ready to help you identify and solve the most complex competition matters. Kelvin kwok second from left, assistant professor of university of hong kong and barristeratlaw, ms. What you need to know about hong kong competition law part 1. Before cap 32 there had been the companies ordinance 1865 based on the uk act 1862 and the companies ordinance 1911. Lim, professor of law at the university of hong kong and visiting professor at the school of law, kings college london. Recent developments and outlook for 2017 2 the commission is reported to have received more than 2,000 complaints since the full commencement of the ordinance in december 2015. Of these complaints, around were selected for further assessment, of which % proceeded to an indepth investigation phase. Mark jephcott first from left, partner, herbert smith freehills, mr. The implementation of competition law in hong kong and. Kwok, kelvin hiu fai, the new hong kong competition law. The book deals with all the core areas of contract law.
Consultation paper on detailed proposals for a competition law. The book law of the hong kong constitution is published in july 2011 and edited by johannes chan sc hon, dean and professor of law at the university of hong kong, and c. Hong kong antitrustcompetition law mayer brown 3 jun 2016. A guide to antitrust and competition law in asia pacific. The scope of application of the merger rule is currently limited to mergers relating to undertakings directly or indirectly holding carrier licences issued under the telecommunications ordinance cap. Chen, the search for rule of law in the hong kong special administrative region, 19972003 in wong yiuchung, ed.
The law redefines the relationships between the government and firms, between large firms and smes, and between firms and consumers. The current hong kong company law, the companies ordinance 1932, cap 32, came into operation on 1 july 1933. Hong kong competition law confidentiality during competition investigations the hong kong competition commission the commission generally conducts investigations in private to protect the legitimate interests of the parties involved, notably by preventing competitors from receiving access to competitively sensitive information. The competition ordinance 2012 was adopted by the hong kong legislative council on june 14 and signed into law by the chief executive on june 21. The law is based upon the idea that freetrade helps the economy, the enterprises and the buyers while prohibiting various types of restrictions of trade and monopolization. As mentioned in our previous articles, if the hong kong competition commission the commission proceeds to a formal investigation, it will have at its disposal a full arsenal of investigative tools to obtain evidence of infringement. This article critically evaluates the peculiar aspects of the competition ordinance. The previous hong kong competition law regimes in telecommunications and broadcasting the new co o overview o the two conduct rules o key provisions o exemptions and exclusions o enforcement vs. As of april 2000, the number of domain names registered in hong kong reached 37,000, with more than. Law of the hong kong constitution human rights portal. Competition law is now a key feature of doing business in or with companies in hong kong. We were proud to be the first law firm in hong kong to issue and update to our clients following the publication of the longawaited draft implementation guidelines by commission in october 2014 with our legal update at long last. Near apple, lemon, 2, false means to find documents having apple within 2 words apart from lemon. On 9 april 2018, the hong kong competition commission commission published an advisory bulletin to alert businesses of competition.
Hong kongs first crosssector competition law the competition ordinance ordinance finally came into full force on 14 december 2015. Prize promotions in hong kong in hong kong, the applicable law regulating prize promotions in which there is at least one element of chance is the gambling ordinance. Hong kong competition law capabilities mayer brown. Please contact the pcll providers city university of hong kong, the chinese university of hong kong, and the university of hong kong. Enacted in 2012, the hong kong competition ordinance represents the first crosssector competition legislation governing the hong kong special administrative region. We would like to show you a description here but the site wont allow us. On 14 june 2012 hong kongs legislative council voted to enact hong kongs first crosssector competition law, the competition ordinance co. On 14 june 2012 hong kong s legislative council voted to enact hong kong s first crosssector competition law, the competition ordinance co. The hkapi, in association with linklaters, cordially. Reference is also made to the most important case law concerning competition rules in.
The implementation of competition law in hong kong and the role of judges talk to the hong kong competition association1 lord neuberger, president of the supreme court september 2016 introductory 1. Competition policy and law in china, hong kong and taiwan this book is the only comprehensive guide to the competition regimes of china, hong kong and taiwan. Chinese developments are placed in the context of the adoption of competition regimes by developing and transitional states worldwide. Among them, only 10 cases have moved into indepth investigation. Law and policy for resolving domain name disputes 69 currently experiencing a period of rapid growth in hong kong. Some of these have had a regional focus,3 whereas others have covered.
Introduction the rule of law is generally considered to be a major feature of modern democratic governance,1 and is also recognised as the cornerstone of hong kongs success. An increasingly attractive jurisdiction for dispute resolution, presented in august 2009. Aba section of antitrust law international committee july. In december 2015, new competition laws went into force in hong kong. Byrnes andrew chan johannes public law and human rights. Clara ingenhousz third from left, antitrust partner, linklaters, mr.
Hong kong competition law guide december 2015 hong kong. As such, it is now a key player on the world economic. This important new book provides a substantive introduction to hong kong competition law contained in the new competition ordinance as supplemented by the competition commissions guidelines. More people and companies began to register domain names to cater for the increasing volume of electronic commerce in hong kong. Mergers that have or are likely to have the effect of substantially lessening competition in hong kong are prohibited under the ordinance. Barbara clancy legal counsel international rugby board what our. Room 201, 2f prosperous building, 4852 des voeux road central, central, hong kong fee. Hong kong passed its first comprehensive competition law competition ordinance in june 2012, and the law came into full effect in december 2015. This revised and expanded second edition of contract law in hong kong is the most comprehensive contemporary textbook on hong kong contract law written primarily for law students.
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