First Year Of Enforcement Of The Competition Ordinance In Hong Kong

By Ping Lin and Tom Ross –

Hong Kong’s Competition Ordinance (“CO”) came into effect on December 14, 2015. This article reviews what proved to be an active first year for the new competition policy regime. The authors begin by summarizing the considerable amount of work undertaken by the Hong Kong Competition Commission (“HKCC”) in advance of the full implementation of the law. They then describe the high level of activity through the law’s first year. The authors conclude with a review of the major enforcement activities by the HKCC and provide an assessment of its “complaints-driven” approach, from the decision theory viewport and in light of the fact that Hong Kong does not have a merger control regime.