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Competition Law in Hong Kong: A Guide for Business Executives and Entrepreneurs

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

  • Author:
  • Publisher: Wolters Kluwer (HK) (formerly CCH)
  • ISBN: 9789881342997
  • Published In: September 2016
  • Format: Paperback + eBook , 320 pages
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 980.00

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  • Description 
  • Contents 
  • Details

    *** Special Promotion: Buy PRINT version (i.e. hard copy) will get FREE one year access to e-Book version ***

     

    After more than a decade of debate, the Competition Ordinance finally came into force on 14 December 2015. As busy executives and compliance professionals, this book allows you to have a much broader understanding of Competition Law, and more importantly to shape the direction of your endeavours so as to comply with this new law.

     

    The topics covered in this book include:

    • key economic concepts;
    • making in Hong Kong;
    • an overview of the Competition Ordinance;
    • detailed explanation of the three Conduct Rules;
    • practical guidance on what the board should know; and
    • how to establish a compliance management framework.

     

    The book is easy to follow and written in plain English, which allows readers to gain a better grasp of the key obligations and legal risk management.

     

    Competition Law in Hong Kong: A Guide for Business Executives and Entrepreneurs is a handy reference book which focuses on the enactment and implementation of the Competition Ordinance (Cap 619) in Hong Kong.

    Features & Benefits:

    • Explains the laws and offences governing the anti-competition activities in Hong Kong;
    • Key economic concepts in Hong Kong;
    • An overview of the Competition Ordinance;
    • Practical guidance on what the board should know;
    • How to establish a compliance management framework.
    • Provides the latest updates on the Competition Ordinance;
    • Contains cases and examples of anti-competition activities;
    • Up-to-date summary and analysis of the requirements under the Competition Ordinance;
    • Each topic is covered under a separate chapter and phase for easy reference.
  • 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

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