Of these complaints, around were selected for further assessment, of which % proceeded to an indepth investigation phase. Tai, the development of constitutionalism in hong kong in raymond wacks, ed. 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. This article critically evaluates the peculiar aspects of the competition ordinance. Lecture theatre 2, graduate law centre, chinese university of hong kong. 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. Parr article on competition law independent hong kong. The law redefines the relationships between the government and firms, between large firms and smes, and between firms and consumers. Apple is good means to find documents having the exact phrase apple is good.
The hkapi, in association with linklaters, cordially. The hong kong government is proposing to introduce a crosssector competition law. Aba section of antitrust law international committee july. Hong kong s competition ordinance was passed in 2012. Mar 16, 2016 competition law dos and donts philip lee. 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. Competition law in singapore 1 introduction singapore is one of the worlds most open and competitive economies. The book deals with all the core areas of contract 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 other leading firms across the asia pacific region. Specific sections deal with the application of competition law to the major economic sectors in hong kong. Hong kongs first economywide competition law regime is set to come into force during 2015. Draft hong kong competition law guidelines published. 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. Rule of law hong kong has a wellestablished and trusted legal system based on the common law.
On 14 june 2012 hong kongs legislative council voted to enact hong kongs first crosssector competition law, the competition ordinance co. The implementation of competition law in hong kong and. Hong kong antitrustcompetition law mayer brown 3 jun 2016. 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. 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. On 14 june 2012 hong kong s legislative council voted to enact hong kong s first crosssector competition law, the competition ordinance co. The ordinance became law in june 2012, initially bringing into effect only the provisions allowing for the regulatory framework to be put into place.
Current issues in securities enforcement 18 june 2015 evening at room 824, 8f cheng yu tung tower, the university of hong kong. Room 201, 2f prosperous building, 4852 des voeux road central, central, hong kong fee. This indicated that a there was wide support for a crosssector competition law in hong kong. Chinese developments are placed in the context of the adoption of competition regimes by developing and transitional states worldwide. Kwok, kelvin hiu fai, the new hong kong competition law.
Hong kong competition law capabilities mayer brown. The implementation of competition law in hong kong and the. After three rounds of public consultation and debate, and several false starts1, the government appears committed to moving forward with proposals it. Contract law in hong kong michael fisher, desmond g. Law of the hong kong constitution human rights portal. Lim, professor of law at the university of hong kong and visiting professor at the school of law, kings college london. Chen, the search for rule of law in the hong kong special administrative region, 19972003 in wong yiuchung, ed.
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. More people and companies began to register domain names to cater for the increasing volume of electronic commerce in hong kong. Kelvin kwok second from left, assistant professor of university of hong kong and barristerat law, ms. Decisions made by the tribunal and other courts are also important. Basics of contract law, presented to the hong kong institution of engineers in august 2008. The current hong kong company law, the companies ordinance 1932, cap 32, came into operation on 1 july 1933. Some of these have had a regional focus,3 whereas others have covered. This is a significant breakthrough in hong kong s economic policy. 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. 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.
We advise on all aspects of competition law, from merger control to competition litigation. Among them, only 10 cases have moved into indepth investigation. 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. Competition law in hong kong is the law that sustains the market competition through controlling the companies anticompetitive conduct. The following information describes how we can help your organization. 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. On 9 april 2018, the hong kong competition commission commission published an advisory bulletin to alert businesses of competition. Organisers cuhk faculty of laws centre for financial regulation and economic development cfred. 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.
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. 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. Barbara clancy legal counsel international rugby board what our. Hong kong and the european union friday, 22 april 2016. Reference is also made to the most important case law concerning competition rules in. This is the first crosssector competition law in hong kong, which is.
What you need to know about hong kong competition law part 1. Please contact the pcll providers city university of hong kong, the chinese university of hong kong, and the university of hong kong. 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. 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.
Clara ingenhousz third from left, antitrust partner, linklaters, mr. Near apple, lemon, 2, false means to find documents having apple within 2 words apart from lemon. Hong kong competition law conor quigley, suzanne rab on. Jan 15, 2016 hong kongs first crosssector competition law the competition ordinance ordinance finally came into full force on 14 december 2015. Hong kongs universities and other legal education and training bodies will likely add new modules on the competition law and practice. Consultation paper on detailed proposals for a competition law.
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. A guide to antitrust and competition law in asia pacific. 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. 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. Competition law is now a key feature of doing business in or with companies in hong kong. Dec 14, 2015 competition law is now a key feature of doing business in or with companies in hong kong. Law and policy for resolving domain name disputes 69 currently experiencing a period of rapid growth in hong kong. The hong kong competition ordinance competition ordinance went into full implementation on december 14, 2015. The competition commission commenced proceedings in the competition tribunal against individuals for the first time. In december 2015, new competition laws went into force in hong kong.
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. 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. We would like to show you a description here but the site wont allow us. Statutory bodies and hong kongs proposed competition law. Mark jephcott first from left, partner, herbert smith freehills, mr.
The law contains broadly framed prohibitions against. Cfreds third company law colloquium perspectives on. Mergers that have or are likely to have the effect of substantially lessening competition in hong kong are prohibited under the ordinance. Our prospective thinking brings us at the forefront of developments in the law. Hong kong passed its first comprehensive competition law competition ordinance in june 2012, and the law came into full effect in december 2015. The 16 chapters of the book cover all basic contract concepts in a readerfriendly style and make ample use of case illustrations.
As of april 2000, the number of domain names registered in hong kong reached 37,000, with more than. A competition law for hong kong competition policy. Byrnes andrew chan johannes public law and human rights. The rights and freedoms of hong kong residents are safeguarded by the rule of law, an independent judiciary, legal aid, and a free and active press. 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.
As such, it is now a key player on the world economic. Lim, professor of law at the university of hong kong and. Hong kong competition law guide december 2015 hong kong. An increasingly attractive jurisdiction for dispute resolution, presented in august 2009. This is the first crosssector competition law in hong kong, which is one of the last developed economies to adopt such law. The faculty of law of the chinese university of hong kong. 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.
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. 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. 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. Enacted in 2012, the hong kong competition ordinance represents the first crosssector competition legislation governing the hong kong special administrative region. Proceeds of crime and bribery hong kong and prc regulations, presented in december 2008. Hong kong competition law also sets out fully the procedural and enforcement rules before the competition commission and the competition tribunal. 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. Since then, the hong kong competition commission commission has initiated initial assessment of 111 cases. Hong kong competition law concerns in the employment. 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. We summarised the public response to the document in the report on public consultation on the way forward for hong kongs competition policy3. 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. Before cap 32 there had been the companies ordinance 1865 based on the uk act 1862 and the companies ordinance 1911.
Statutory bodies and hong kongs proposed competition law exempt or exposed. Barbara clancy legal counsel international rugby board what our clients say. Hong kongs first crosssector competition law the competition ordinance ordinance finally came into full force on 14 december 2015. Date 19 january 20 10 april 2010 tuesday evening s time 6. 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. 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. Hong kong is justifiably proud of its reputation for having one of the most thriving and dynamic economies in the world. 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. Guideline the second conduct rule competition commission. 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. 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. University of hong kong faculty of law research paper no. What you need to know about hong kong competition law.