Hong Kong Competition Law

2021 ◽  
Author(s):  
Thomas K. Cheng ◽  
Kelvin Hiu Fai Kwok

This is the first academic monograph on the new competition law in Hong Kong. It provides an overview of the historical background of the Competition Ordinance, highlighting the debate and the process that led to the adoption of the Ordinance. It offers detailed comparative and theoretical analysis of the key provisions of the Ordinance, focusing on the First Conduct Rule, the Second Conduct Rule, the exclusions and exemptions, and the procedural provisions. It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. It concludes by setting forth of a set of recommendations for further reform.

2022 ◽  
Vol 24 (1) ◽  
pp. 14-24
Author(s):  
Russell Dewhurst

All Christians are called to pray. The daily offering of Morning and Evening Prayer is a particular obligation of the clergy of the Church of England, as part of the ‘manner of life of clerks’ laid down in Canon C 26. However, despite the significant time devoted to these prayers by the clergy on a daily basis, there has been little detailed examination of this canonical obligation. This article explores the historical background to the obligation and its effect today.


Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip

This chapter explains the term ‘vertical agreements’ and what it covers. It addresses a number of general issues that are relevant to the EU competition law treatment of vertical agreements in general. It describes the implementation and the (public and private) enforcement of Article 101 TFEU before and after the entry into force of Regulation 1/2003. The chapter provides the historical background of both Regulation 330/2010 and Regulation 461/2010. In particular, it devotes specific attention to the nature and legal and practical consequences of soft EU competition law (in the form of notices, guidelines, etc) as opposed to hard EU competition law (provisions of primary and secondary EU law).


EU Law ◽  
2020 ◽  
pp. 1072-1125
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.


EU Law ◽  
2020 ◽  
pp. 1034-1086
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.


Author(s):  
Brent Snyder

Abstract The Hong Kong Competition Commission is a young enforcement agency, enforcing a competition law that has been in effect less than five years. Despite its relative youth, the Competition Commission is quickly gaining experience as the pace and breadth of its enforcement is increasing in the aftermath of its first trial wins, its policy advisory work with the Hong Kong Government is gaining traction, and its advocacy is succeeding in educating a wide variety of Hong Kong stakeholders about the benefits of competition and the requirements of the law.


2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Ariel Ezrachi ◽  
Mark Williams

AbstractThe paper focuses on the application of competition law in HK and China to buying alliances and buyer cartels in intermediate markets. The discussion set to clarify the legality, under the competition provisions, of purchase price fixing agreements between buyers.


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