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
