Legislative Council of Hong Kong

“ If an agreement, concerted practice or decision has more than one effect, it has the effect of preventing, restricting or distorting competition under this Ordinance if one of its effects is to prevent, restrict or distort competition. ”

“ The Court of Appeal has jurisdiction to hear and determine an appeal under subsection (1) and may—
(a) confirm, set aside or vary the decision, determination or order of the Tribunal; (b) where the decision, determination or order of the Tribunal is set aside, substitute any other decision, determination or order it considers appropriate; or (c) remit the matter in question to the Tribunal for reconsideration in the light of the decision of the Court. ”

“ If an undertaking fails or ceases to comply with a condition or limitation subject to which a decision has effect, the immunity provided by section 12 ceases to apply with respect to that undertaking with effect from the date on which the non-compliance begins. ”

“ For the purpose of this section, a merger takes place if—
(a) 2 or more undertakings previously independent of each other cease to be independent of each other; (b) one or more persons or other undertakings acquire direct or indirect control of the whole or part of one or more other undertakings; or (c) an acquisition by one undertaking (the “acquiring undertaking”) of the whole or part of the assets (including goodwill) of another undertaking (the “acquired undertaking”) has the result set out in subsection (3) . ”

“ If a person makes a commitment to comply with the requirements of an infringement notice within the compliance period, the Commission may not bring proceedings in the Tribunal against that person in respect of the alleged contravention specified in the notice. ”

“ A person does not incur any civil or criminal liability only because the person has contravened any guidelines issued under this section or any amendments made to them.
(7) If, in any legal proceedings, the Tribunal or any other court is satisfied that a guideline is relevant to determining a matter that is in issue—
(a) the guideline is admissible in evidence in the proceedings; and (b) proof that a person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter. ”

“ A person who, when required to do so under this Ordinance, produces any document or provides any information to the Commission, in respect of which an obligation of confidence is owed to any other person, is not personally liable for that act. ”

“ A person other than the Commission is not entitled to make an application under subsection (1) by reason that any other person is engaged in or is proposing to engage in conduct that contravenes or would contravene the merger rule. ”

“ Competition Commission
Division 1—Establishment, Functions and Powers
129. Establishment of Commission
(1) There is established, by virtue of this section, a body to be known as the Competition Commission.
(2) The Commission is a body corporate and may—
(a) acquire, hold and dispose of movable and immovable property; (b) sue and be sued in its own name; and (c) so far as is possible for a body corporate, exercise all the rights and powers, enjoy all the privileges and incur all the liabilities of a natural person of full age and capacity. ”

“ An order made under subsection (2) , other than an order for the retention of property, must not, except where the property is perishable, be carried out until the period allowed for making an appeal against the order has expired or, where such an appeal is made, until the appeal is finally disposed of. ”

“ Where one competition authority is performing a function in relation to a competition matter and another competition authority also has jurisdiction to perform functions in relation to that matter, the 2 competition authorities may agree that the matter be transferred to and be dealt with by one of them. ”

“ Any person may, in accordance with guidelines issued under section 38, lodge a complaint with the Commission alleging that an undertaking has contravened, is contravening or is about to contravene a competition rule. ”

“ A licensee in a dominant position in a telecommunications market must not engage in conduct that in the opinion of the Authority is exploitative. (2) A licensee is in a dominant position if, in the opinion of the Authority, it is able to act without significant competitive restraint from its competitors and customers. ”

“ If the Chairperson is temporarily unable to perform the functions of the office of Chairperson because of illness or absence from Hong Kong or for any other cause or if the office of Chairperson becomes vacant, the Chief Executive may appoint another member to act in place of the Chairperson and perform the functions of the office of Chairperson. ”

“ If the disclosure of confidential information is lawful by virtue of section 126 (1) (a) , a specified person must, before disclosing any such information—
(a) give notice of the proposed disclosure to— (i) the person who provided the information to the Commission; and (ii) any person who is, in the opinion of the specified person, likely to be affected by the disclosure; and (b) consider any representations that are made about the proposed disclosure. ”

“ Without limiting the matters that may be considered in deciding, under subsection (2) , whether or not to review a block exemption order, the Commission must consider the following—
(a) the desirability of maintaining a stable and predictable regulatory environment in relation to competition; (b) any developments that have taken place in the economy of Hong Kong or in the economy of any place outside Hong Kong that affect the category of agreement that is the subject of the block exemption order ”

“ General procedure for meetings of Commission
(1) Meetings of the Commission are to be held as often as necessary to enable the Commission to perform its functions.
(2) A meeting of the Commission may be convened by the Chairperson.
(3) The Chairperson must convene a meeting of the Commission on being given a notice for that purpose by 2 or more other members. ”