Autumn 2015, Volume 9 Number 2

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.

Hong Kong's New Competition Regime
  1. Rose Webb, Timothy Lear, Philip Monaghan, Derek Ritzmann, Sep 30, 2015

    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)

  2. Clara Ingen-Housz, Anna Mitchell, Knut Fournier, Sep 30, 2015

    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)

  3. Mark Jephcott, Adelaide Luke, Lisa Geary, Molly Herron, Sep 30, 2015

    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)

  4. Ping Lin, Sep 30, 2015

    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)

  5. Danny Leung, Stephanie Tsui, Sep 30, 2015

    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)

  6. Sandra Marco Colino, Sep 30, 2015

    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)

  7. Hong Kong Association of the Pharmaceutical Industry, Sep 30, 2015

    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)


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About the Antitrust Chronicle

The CPI Antitrust Chronicle is published online, semi-monthly. It contains cutting-edge commentary on current global antitrust and competition policy issues.

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Editor-in-Chief: David S. Evans

Managing Editor: Nancy Hoch

Senior Editor: Lindsay W. McSweeney

Co-editor: Elisa Mariscal

Associate Editor and Community Manager: Meara Hamidiani

Associate Editor: Anna Tzanaki

Office Manager: Kristen Adrian

Sales & Marketing Analyst: María Belén De Angelis

Editorial Advisory Board:

Rosa Abrantes-Metz, Global Econ. Group, Stern School of Bus. at NYU

Kent Bernard, Fordham School of Law

Rachel Brandenburger, New York, NY

Adrian Emch, Hogan Lovells

Kyriakos Fountoukakos, Herbert Smith

Jay Himes, Labaton Sucharow

James Killick, White & Case

Stephen Kinsella, Sidley Austin

Ioannis Lianos, University College London

Robert O'Donoghue, Brick Court Chambers

Aaron Panner, Kellogg, Huber, Hansen