The Hong Kong Court of First Instance rejected a claim that it had jurisdiction to determine whether a trade association violated the Competition Ordinance. The court reasoned that determination of a breach of the Competition Ordinance was reserved for the Competition Tribunal. In the absence of a right of standalone private action under Hong Kong…

On 28 November 2016, the Hong Kong Competition Commission (“HKCC“) published an advisory bulletin calling upon the Hong Kong Institute of Architects and the Hong Kong Institute of Planners to take appropriate action to remove or amend certain provisions in their respective codes of conduct which raised competition concerns. While such associations, as statutory bodies,…

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 anti-competitive acts in Hong Kong based on common law economic torts without relying on follow-on actions under the Competition Ordinance. A follow-on action is a private action for…

On 29 January 2016, the Court of First Instance of Hong Kong ruled in favour of TVB and against the Communications Authority (the “CA”), in the ‘no Cantonese’ policy abuse of dominance case. The 2013 decision by the CA, in which the broadcaster was fined nearly HKD 1 million under the sector-specific competition rules of…