Competition Law in Hong Kong: A Guide for Business Executives and Entrepreneurs

Competition Law in Hong Kong: A Guide for Business Executives and Entrepreneurs
Product ISBN: 9789881342997
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Competition Law in Hong Kong: A Guide for Business Executives and Entrepreneurs by Raymond Chan, Mohan Datwani, Angus Young, Bill Dee, published by CCH.

After more than a decade of debate, the Competition Ordinance finally came into force on 14 December 2015. As busy executives and compliance professionals, this book allows you to have a much broader understanding of Competition Law, and more importantly to shape the direction of your endeavours so as to comply with this new law.

The topics covered in this book include: key economic concepts; making in Hong Kong; an overview of the Competition Ordinance; detailed explanation of the three Conduct Rules; practical guidance on what the board should know; and how to establish a compliance management framework.

The book is easy to follow and written in plain English, which allows readers to gain a better grasp of the key obligations and legal risk management.

Competition Law in Hong Kong: A Guide for Business Executives and Entrepreneurs is a handy reference book which focuses on the enactment and implementation of the Competition Ordinance (Cap 619) in Hong Kong.

Features & Benefits:

Explains the laws and offences governing the anti-competition activities in Hong Kong;
Key economic concepts in Hong Kong;
An overview of the Competition Ordinance;
Practical guidance on what the board should know;
How to establish a compliance management framework.
Provides the latest updates on the Competition Ordinance;
Contains cases and examples of anti-competition activities;
Up-to-date summary and analysis of the requirements under the Competition Ordinance;
Each topic is covered under a separate chapter and phase for easy reference.


Dr. Raymond Siu Yeung Chan, BBA(Hon.), MBA, MSc in Information Systems, MSc in Applied Mathematics, LLM, PhD in Accounting, FCCA, CPA, CPA (Aust.), HKREP, CCP. Head and an Associate Professor at the Department of Accountancy and Law, Hong Kong Baptist University.

Mr. Mohan Datwani, LLB, PCLL, LLM, MBA (Distinction), FCIS, FCS(PE), Solicitor, Accredited Mediator, CAMS. Solicitor and Senior Director, and Head of Technical and Research of The Hong Kong Institute of Chartered Secretaries

Dr. Angus Young, BA, BA(Hon.) in Political Studies, MCA (Dinstinction) in Economic History, MLS in Commercial Law, PhD in Law, CCP, F Fin, CRP, MHKSI, FCPA (Aust.). Senior Lecturer at the Department of Accountancy and Law, Hong Kong Baptist University, Distinguished Research Fellow at the German-Sino Institute of Legal Studies, Nanjing University and Adjunct Fellow, Western Sydney University Law School.

Mr. Bill Dee, LLB, BA in Politics, CCP (Fellow) Director of Compliance and Complaints Advisory Services Pty Ltd.

Chapter 1: Introduction
Why is Competition Law Good for the Economy?
Why is Competition Law Good for Corporate Governance?
Hong Kong’s Competitiveness and Economic Challenges Ahead
Aim and Overview of this Book

Chapter 2: Key Principles and Concepts in Competition Law
Competition as an Ideal and the Key Principles
The Aims of Competition/Antitrust Law
Different Approaches in Competition/Antitrust Economics
Concepts and Terms in Competition/Antitrust Economics
Summary and Commentary

Chapter 3: Economic Policy and Development of Competition in Hong Kong
Hong Kong’s Economic Transformation
Hong Kong’s Brand of Colonialism and Capitalism
Impediments to Fostering a Competitive Market
Origins and Early Debates about Competition Law in Hong Kong
Hong Kong’s Consumer Council Competition Studies
Consumer Council’s Competition Report and the Government’s Response
The Competition Policy Advisory Group
The Competition Policy Review Committee
The Public Consultation in 2006
Summary and Commentary

Chapter 4: Enactment of Competition Law in Hong Kong
Detailed Proposals for a Competition Law
The Competition Bill
“Hard-core” and “Non Hard-core” Anti-competitive Activities
Infringement versus Warning Notices
De Minimis Arrangements
Definition of Market Power in the Second Conduct Rule Pecuniary Penalty
Removal of Stand-alone Right to Private Action
Merger Rule
Concurrent Jurisdiction
The Competition Ordinance
Summary and Commentary

Chapter 5: The Ordinance and the Two Conduct Rules
Competition Law Sources in Hong Kong
Who Does to Ordinance apply to?
The First Conduct Rule
Fees Payable for Making an Application to the Competition Commission
The Second Conduct Rule
Enforcement Policy
Other Considerations in Assessing the Appropriate Enforcement Response
Leniency Policy
Terminating the Leniency Agreement
The Tribunal
Summary and Commentary

Chapter 6: The First Conduct Rule Guideline
The First Conduct Rule
Terms Used in the First Conduct Rule
Object or effect of harming competition
Exclusion for agreements enhancing overall economic efficiency
Serious Anti-competitive conduct
Agreements that may contravene the First Conduct Rule
Activities of Trade Associations and Industry Bodies
Standard terms which may raise a concern under the First Conduct Rule
Standardisation agreements under First Conduct Rule
Vertical Price Restrictions
Summary and Commentary

Chapter 7: The Second Conduct Rule
The Ordinance
General Exclusions
Guideline on the Second Conduct Rule
The Second Conduct Rule
An Introduction to “Market” in Second Conduct Rule
Product Market
Geographic Market
Assessment of Substantial Market Power
Abuse of Substantial Market Power
Examples of Conduct that May Constitute an Abuse
Summary and Commentary

Chapter 8: The Merger Rule Guideline
The Guideline on Merger Rule
Scope of the Merger Rule
Competition Assessment
Exclusions and Exemptions
Procedures and Enforcement
Summary and Commentary

Chapter 9: Things Companies and the Board of Directors Should be Aware of
Complaints and Investigations
Commitment, Warning Notice, Infringement Notice, and Commence Proceedings in the Tribunal
Pecuniary Penalty and Other Orders
Turnover Threshold
Directors’ Duties and Statutory Derivative Action
Summary and Commentary

Chapter 10: Establishing a Compliance Management Framework
What is Compliance and Why is it Important?
Compliance as a Regulatory Strategy
The Australian Standard Compliance Programs AS3806
The Birth of an International Standard in Compliance Management
The Framework for a Competition Law Compliance Management System
Establishing Compliance Management Framework for Businesses
How to Train Your Staff about Compliance
How to Foster a Culture of Compliance within an Organisation
Summary and Commentary

Chapter 11: Conclusions and Things to Look Out For
Recapping the Key Issues in this Book
How can Companies Prepare to be Competition Compliance Ready?
How to Deal with the Regulator: An Australian Perspective
First Shot across the Bow by the Hong Kong Competition Commission
Final Quick Tips
Subject Index