Book contents
- Hong Kong Competition Law
- Hong Kong Competition Law
- Copyright page
- Contents
- Preface
- Acknowledgements
- Foreword
- Table of Cases
- Table of Legislation
- Table of Guidelines and Policy Documents
- Abbreviations
- 1 Introduction
- 2 First Conduct Rule
- 3 Second Conduct Rule
- 4 Exclusions and Exemptions
- 5 Enforcement and Procedure
- 6 Conclusion
- References
- Index
5 - Enforcement and Procedure
Published online by Cambridge University Press: 13 October 2021
- Hong Kong Competition Law
- Hong Kong Competition Law
- Copyright page
- Contents
- Preface
- Acknowledgements
- Foreword
- Table of Cases
- Table of Legislation
- Table of Guidelines and Policy Documents
- Abbreviations
- 1 Introduction
- 2 First Conduct Rule
- 3 Second Conduct Rule
- 4 Exclusions and Exemptions
- 5 Enforcement and Procedure
- 6 Conclusion
- References
- Index
Summary
This chapter discusses procedural issues arising in the enforcement of the Competition Ordinance (the Ordinance). Reference will be made to the relevant provisions of the Ordinance and the enforcement guidelines issued by the Hong Kong Competition Commission (the Commission) in order to gain a better understanding of the procedural apparatus and safeguards applicable in Hong Kong’s competition enforcement regime. Given the punitive nature of competition law penalties and the stigma attached to being an infringer of competition law, it is important that parties enjoy adequate procedural rights to allow them to mount an effective defence. Procedural issues are all the more important in a new regime like Hong Kong’s, where many questions regarding the parties’ procedural rights remain unsettled. These questions will need to be addressed before the competition law regime can hit its stride and focus on the important task of ferreting out anti-competitive practices and advancing consumer welfare.
- Type
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- Information
- Hong Kong Competition LawComparative and Theoretical Perspectives, pp. 222 - 268Publisher: Cambridge University PressPrint publication year: 2021