Full Description
This important new book provides a substantive introduction to Hong Kong competition law contained in the new Competition Ordinance as supplemented by the Competition Commission's Guidelines. Reference is also made to the most important case law concerning competition rules in other jurisdictions, in particular the European Union, from which the Hong Kong competition rules draw inspiration. Hong Kong Competition Law also sets out fully the procedural and enforcement rules before the Competition Commission and the Competition Tribunal. Specific sections deal with the application of competition law to the major economic sectors in Hong Kong: construction, energy, finance, retail, telecommunications and transport. A final chapter provides a comparative survey of competition law in China, Japan and South Korea.
Contents
1. The Competition Ordinance
1.1 A new competition law for Hong Kong
1.2 The Competition Rules
1.3 Undertakings and the Competition Ordinance
1.4 Market definition in the competition rules
2. The First Conduct Rule: Agreements that Harm Competition
2.1 The First Conduct Rule
2.2 Agreements, concerted practices and decisions of undertakings
2.3 Object or effect of harming competition
2.4 Agreements that may contravene the First Conduct Rule
2.5 Exclusions and exemptions from the First Conduct Rule
3. The Second Conduct Rule: Abuse of Substantial Market Power
3.1 The Second Conduct Rule
3.2 Assessment of substantial market power
3.3 Abuse of substantial market power
3.4 Conduct that constitutes an abuse of market power
3.5 Exclusions and exemptions from the Second Conduct Rule
4. The Merger Rule
4.1 Scope of the Merger Rule
4.2 Competition assessment
4.3 Exclusion based on economic efficiencies
5. Enforcement Procedures for the Competition Rules
5.1 Enforcement procedures
5.2 Applications for Commission decisions on exclusions and exemptions and block exemption order from the Conduct Rules
5.3 Complaints to the Competition Commission
5.4 Investigations by the Competition Commission
5.5 Leniency
5.6 Procedures and enforcement in merger cases
5.7 Proceedings before the Competition Tribunal
5.8 Appeals from the Competition Tribunal
5.9 Follow-on actions
6. The Telco Rule: the prohibition on exploitative conduct by a dominant telecommunications licensee
6.1 The Telco Rule
6.2 Market definition
6.3 Dominant position
6.4 Exploitative conduct
6.5 Enforcement of the Telco Rule
7. Competition and Hong Kong's major economic sectors
7.1 Construction
7.2 Energy
7.3 Financial services
7.4 Retail
7.5 Telecommunications and broadcasting
7.6 Transport
8. Comparative Competition Law: China, Japan and South Korea
8.1 Competition law in China and Hong Kong
8.2 Competition law in Japan
8.3 Competition law in South Korea
