CASE DIGESTS

 

Software supplier and its director admitted liability for cartel conduct in bidding exercise organised by the Ocean Park: Quantr

By decision dated 3 November 2020 ([2020] HKCT 10), the Tribunal approved a consent order made between the Commission and the 1st and 2nd respondents. The order provides, inter alia, that: - the 1st respondent has contravened the first conduct rule; the 2nd...

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...

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...

1st CMC in 1st enforcement action before the Tribunal: Nutanix

This case concerns an application by the Commission against 5 respondents pursuant to ss 92 and 94 of the Ordinance, contending that they had contravened the first conduct rule in relation to a tender exercise for the supply and installation of an IT server system....

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...

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...

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”)...

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...

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...

Carecraft procedure adopted by the Tribunal to dispose of enforcement proceedings by consent: Kam Kwong Engineering

By decision dated 17 July 2020 ([2020] HKCT 3), the Tribunal granted judgment for liability and related declarations against some of the respondents on the basis of consent summonses between the Commission and the relevant respondents. The consent summonses were...

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...

ECJ confirmed Commission’s power to make copies of raid data for later examination: Nexans

By decision dated 16 July 2020 (C-606/18P), the European Court of Justice (“ECJ”) dismissed the appeal made by the appellants, Nexans France SAS (“Nexans France”) and Nexans SA (“Nexans”) in its entirety. The appellants, Nexans...

Tribunal clarifies admissibility of employee’s incriminating statements against his employer: Nutanix

By decision dated 3 October 2017 ([2017] HKCT 3), the Tribunal handed down a judgment on 2 applications made by the 1st and 2nd respondents ("Nutanix" and "BT" respectively) respectively for orders to strike out references to certain statements from the originating...

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...

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...
Scroll Up