Hong Kong Competition Law: Comparative and Theoretical Perspectives

This is the first academic monograph on the new competition law in Hong Kong. It provides an overview of the historical background of the Competition Ordinance, highlighting the debate and the process that led to the adoption of the Ordinance. It offers detailed comparative and theoretical analysis of the key provisions of the Ordinance, focusing on the First Conduct Rule, the Second Conduct Rule, the exclusions and exemptions, and the procedural provisions. It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. It concludes by setting forth of a set of recommendations for further reform.

• Provides a comparative analysis of the Competition Ordinance (CO) drawing on the case law of overseas jurisdictions, including the US, the EU, the UK, and Australia
• Offers a theoretical, contextual analysis of the CO as a piece of competition legislation operating in a small, highly concentrated economy
• Provides a historical background to the enactment of the CO and recommendations for further reforms of the CO

table of content

1. Introduction

2. First conduct rule

3. Second conduct rule

4. Exclusions and exemptions

5. Enforcement and procedure

6. Conclusion

References

Index