In this issue:
After years of political debate, the Hong Kong Competition Ordinance will finally come into force on December 14, 2015. The new law merits attention not only because of Hong Kong’s economic position and possible influence on—or by—China, but because the debate highlighted many of the challenges Asian markets face in introducing competition law, including the historic existence of cartels, the role of trade associations, insecurity by SMEs, sector exclusions, and others. This collection of papers, managed by guest editor Adrian Emch, analyzes how these issues were dealt with and how they might play out in the future.
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Hong Kong’s New Competition Regime
Getting Ready: The First Two Years of the Competition Commission in Hong Kong
The early commencement of those parts of the Ordinance requiring the issue of guidelines reflected the Government’s undertaking that guidelines would be published by the HKCC prior to commencement of the competition rules. Rose Webb, Tim Lear, Philip Monaghan, & Derek Ritzmann (Competition Commission, Hong Kong)
Exclusions and Exemptions Under the Hong Kong Competition Ordinance
Highlighting the intrinsic political nature of some of these exclusions and exemptions, a feature of the Hong Kong regime is the fact that exemptions and exclusions are not left to the exclusive discretion of the HKCC. Clara Ingen-Housz, Anna Mitchell, & Knut Fournier (Linklaters)
Resale Price Maintenance Under the Hong Kong Competition Ordinance—An Uneasy Compromise
However, the compromise position reached in the Guideline provides relatively little in terms of legal certainty as to the circumstances in which RPM may be acceptable. Mark Jephcott, Adelaide Luke, Lisa Geary, & Molly Herron (Herbert Smith Freehills)
Treatment of Resale Price Maintenance in Hong Kong
While recognizing the possible pro-competitive effect of RPM, however, the HKCC seems to have adopted a “near per se illegal approach” toward RPM. Ping LIN (Lingnan University)
How will Hong Kong’s Competition Law be Enforced?
The Hong Kong system is unique in the sense that its enforcement regime comprises of two separate bodies, namely the HKCC and the Tribunal. Danny Leung & Stephanie Tsui (Hogan Lovells)
Sanctions for Cartel Conduct in Hong Kong: Past and Present
The corporate and individual sanctions available, if used to their full potential, could really force businesses to think twice before colluding. Sandra Marco Colino (Chinese University of Hong Kong)
Trade Associations—Under the Spotlight for Competition Enforcement
With the coming into force of Hong Kong’s competition law regime, many trade associations are reviewing their practices and such is the chilling effect of the many uncertainties inherent in competition law that some people are actively considering withdrawing their membership of associations. Henry Wheare (Hong Kong Association of the Pharmaceutical Industry)
