Competition Law in Hong Kong: A Guide for Business Executives and Entrepreneurs (includes FREE one year access of ONLINE version)

Chapter 1: Introduction

• Why is Competition Law Good for the Economy?
• Why is Competition Law Good for Corporate Governance?
• Hong Kong’s Competitiveness and Economic Challenges Ahead
• Aim and Overview of this Book

Chapter 2: Key Principles and Concepts in Competition Law

• Competition as an Ideal and the Key Principles
• The Aims of Competition/Antitrust Law
• Different Approaches in Competition/Antitrust Economics
• Concepts and Terms in Competition/Antitrust Economics
• Summary and Commentary

Chapter 3: Economic Policy and Development of Competition in Hong Kong

• Hong Kong’s Economic Transformation
• Hong Kong’s Brand of Colonialism and Capitalism
• Impediments to Fostering a Competitive Market
• Origins and Early Debates about Competition Law in Hong Kong
• Hong Kong’s Consumer Council Competition Studies
• Consumer Council’s Competition Report and the Government’s Response
• The Competition Policy Advisory Group
• The Competition Policy Review Committee
• The Public Consultation in 2006
• Summary and Commentary

Chapter 4: Enactment of Competition Law in Hong Kong

• Detailed Proposals for a Competition Law
• The Competition Bill
• “Hard-core” and “Non Hard-core” Anti-competitive Activities
• Infringement versus Warning Notices
• De Minimis Arrangements
• Definition of Market Power in the Second Conduct Rule Pecuniary Penalty
• Removal of Stand-alone Right to Private Action
• Merger Rule
• Concurrent Jurisdiction
• The Competition Ordinance
• Summary and Commentary

Chapter 5: The Ordinance and the Two Conduct Rules

• Competition Law Sources in Hong Kong
• Who Does to Ordinance apply to?
• The First Conduct Rule
• Fees Payable for Making an Application to the Competition Commission
• The Second Conduct Rule
• Enforcement Policy
• Other Considerations in Assessing the Appropriate Enforcement Response
• Leniency Policy
• Terminating the Leniency Agreement
• The Tribunal
• Summary and Commentary

Chapter 6: The First Conduct Rule Guideline

• The First Conduct Rule
• Terms Used in the First Conduct Rule
• Object or effect of harming competition
• Exclusion for agreements enhancing overall economic efficiency
• Serious Anti-competitive conduct
• Agreements that may contravene the First Conduct Rule
• Activities of Trade Associations and Industry Bodies
• Standard terms which may raise a concern under the First Conduct Rule
• Standardisation agreements under First Conduct Rule
• Vertical Price Restrictions
• Summary and Commentary

Chapter 7: The Second Conduct Rule

• The Ordinance
• General Exclusions
• Guideline on the Second Conduct Rule
• The Second Conduct Rule
• An Introduction to “Market” in Second Conduct Rule
• Product Market
• Geographic Market
• Assessment of Substantial Market Power
• Abuse of Substantial Market Power
• Examples of Conduct that May Constitute an Abuse
• Summary and Commentary

Chapter 8: The Merger Rule Guideline

• The Guideline on Merger Rule
• Scope of the Merger Rule
• Competition Assessment
• Exclusions and Exemptions
• Procedures and Enforcement
• Summary and Commentary

Chapter 9: Things Companies and the Board of Directors Should be Aware of

• Complaints and Investigations
• Commitment, Warning Notice, Infringement Notice, and Commence Proceedings in the Tribunal
• Pecuniary Penalty and Other Orders
• Turnover Threshold
• Directors’ Duties and Statutory Derivative Action
• Summary and Commentary

Chapter 10: Establishing a Compliance Management Framework

• What is Compliance and Why is it Important?
• Compliance as a Regulatory Strategy
• The Australian Standard Compliance Programs AS3806
• The Birth of an International Standard in Compliance Management
• The Framework for a Competition Law Compliance Management System
• Establishing Compliance Management Framework for Businesses
• How to Train Your Staff about Compliance
• How to Foster a Culture of Compliance within an Organisation
• Summary and Commentary

Chapter 11: Conclusions and Things to Look Out For

• Recapping the Key Issues in this Book
• How can Companies Prepare to be Competition Compliance Ready?
• How to Deal with the Regulator: An Australian Perspective
• First Shot across the Bow by the Hong Kong Competition Commission
• Final Quick Tips

Subject Index