CASE DIGESTS

 

Penalties Imposed in First Bid Rigging Case Before the Tribunal: Nutanix

By decision dated 16 December 2020 ([2020] HKCT 11), the Tribunal dealt with the consequential orders to be made against the 4 respondents (ie, Nutanix, BT, Innovix and Tech 21) which were found in a previous decision dated 17 May 2019 ([2019] HKCT 2) to have...

A major landmark in ‘pay-for-delay’ settlement cases: Generics

By decision dated 30 January 2020 (C-307/18), the European Court of Justice (“ECJ”) clarified a number of important issues relating to 'pay-for-delay' settlements between a holder of pharmaceutical patents and a manufacturer of generic drug. The case concerned a...

Efficiency defence rejected in market sharing and price‑fixing cartel: W Hing

By decision dated 17 May 2019 ([2019] HKCT 3), the Tribunal held that each of the 10 respondents has contravened the first conduct rule ("FCR"). These proceedings concern decoration works undertaken for the tenants of particular flats in three buildings in a public...

Judgment in high voltage power cable cartel partially set aside: NKT Verwaltung

By decision dated 14 May 2020 (C-607/18 P), the European Court of Justice (“ECJ”) partly set aside the judgment of the European General Court ("EGC") which refused to annul a finding by the European Commission (“EU Commission”) that NKT Verwaltungs GmbH and NKT...

Principles on pecuniary penalties laid down for the first time by the Tribunal: W Hing

By this subsequent decision dated 29 April 2020 ([2020] HKCT 1), the Tribunal had to decide how pecuniary penalty under s 93(1) of the Ordinance should be calculated in Hong Kong. In Competition Commission v W Hing Construction Company Ltd [2019] HKCT 3, the Tribunal...

No shortcut in by object assessment: Budapest Bank

By decision dated 2 April 2020 (C-228/18), the Court of Justice (“ECJ”) confirmed that there is no shortcut (as is sometimes characterised) in a ‘by object’ assessment. Background Visa and MasterCard (together the “credit card companies”)...

Confidential treatment of originating notice of application granted by the Tribunal: Nutanix

By decision dated 28 March 2017 ([2017] HKCT 1), allowing the proposed redactions, the Tribunal held: - The tender prices are commercial information of the respondents not generally available in the public domain. The current and former employees named in...

Contractors found liable in 1st cartel enforcement action before the Tribunal: Nutanix

By decision dated 17 May 2019 ([2019] HKCT 2), the Tribunal found 4 respondents liable under the first conduct rule ("FCR"). This case concerns an application by the Commission against 5 respondents, contending that they had contravened the FCR in relation to a...

The Tribunal explained when a party’s employee can be admitted to the confidentiality ring: Meyer

In Taching Petroleum Co Ltd v Meyer Aluminium Ltd [2019] HKCT 1, the Tribunal rejected the application of Shell Hong Kong Limited (“Shell”) for the redaction of alleged confidential information in its point of reply (“PoR”), and granted the application of...

CJEU dismisses another power cables appeal: PrysmianCS

By decision dated 24 September 2020, the CJEU dismissed an appeal by PrysmianCS from the judgment of the EGC, by which the EGC found that PrysmianCS had participated in a cartel in the sector for (extra) high voltage underground and/or submarine power cables from 18...

Tribunal Orders for Disqualification of Directorship: Fungs E&M

By this subsequent decision dated 30 October 2020 ([2020] HKCT 9), the Tribunal ordered the 9th respondent be disqualified as a director of the 5th respondent for a period of 1 year and 10 months. On 14 October 2020, the Tribunal held that the 9th respondent was...

Court of Appeal of England and Wales found a supplier’s policy to prohibit online sales by its authorised dealers was a restriction of competition by object: Ping

By decision dated 21 January 2020 ([2020] EWCA Civ 13), the Court of Appeal of England and Wales ("EWCA") held that the imposition by a supplier of a prohibition on online sales by its authorised dealers in a selective distribution network revealed a sufficient...

Tribunal held that Witness Statements Should be Exchanged in Enforcement Proceedings: TH Lee

By decision dated 31 December 2020 ([2020] HKCT 12), the Tribunal held that in enforcement proceedings, witness statements should be simultaneously, instead of sequentially, exchanged. In this action, the Commission alleges agreements or concerted practices between...

Procedures for transferred private proceedings clarified by the Tribunal: Meyer

By decision dated 12 September 2018 ([2018] HKCT 4), the Tribunal had to deal with various procedural issues upon transfer of proceedings from the Court of First Instance (“CFI”) to the Tribunal. The underlying dispute arose from a claim by Taching Petroleum Co...

Leave to issue third party proceedings granted in renovation cartel case: Fungs E&M Engineering

By decision dated 17 July 2020 ([2020] HKCT 4), the Tribunal dismissed the 1st respondent’s applications to substitute a third party (Pau) in its place and to join Pau as a respondent; but granted leave to issue a third party notice to Pau. The case concerns...
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