In the second of this month’s editions of CPI Talks… we have the pleasure of speaking to Mr. Samuel Chan, Chairman of the Hong Kong Competition Commission.
Thank you, Mr. Chan, for taking this time to talk to CPI.
1. As the new leader of the Commission, would you please outline the enforcement achievements of the Commission in 2020? In particular, during the COVID-19 pandemic, what has been the Commission’s experience of applying the Competition Ordinance?
Despite the pandemic, the year 2020 has seen important enforcement milestones with many “firsts” in Hong Kong’s competition law regime. In just five years since the full implementation of the Competition Ordinance (the “Ordinance”), the Commission has brought seven cases before the Competition Tribunal (the “Tribunal”). Three of them, including the city’s first ever abuse of substantial market power case, were filed in 2020. The Tribunal has to date ruled in the Commission’s favour in five cases.
First, the Commission filed a case in January alleging that an IT company and a co-bidder exchanged competitively sensitive information about their intended quotations in a bidding exercise organised by the Ocean Park Corporation. The case was ruled in favour of the Commission with the judgment on pecuniary penalties handed down in November. It is the first case in which the Commission and the respondents reached agreement to resolve both the liability and relief portions of the proceedings by c!-->…