Law Antitrust / Competition Law Recommended for You

Hong Kong Competition Law: Comparative and Theoretical Perspectives

Edited by Thomas K. Cheng · Kelvin Hiu Fai Kwok
Cambridge University Press July 2023

Specifications

ISBN-13
9781108448123
Publisher
Cambridge University Press
Publication
July 2023
Format
Paperback , 400 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

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Details

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.

  • Provides a comparative analysis of the Competition Ordinance (CO) drawing on the case law of overseas jurisdictions, including the US, the EU, the UK, and Australia
  • Offers a theoretical, contextual analysis of the CO as a piece of competition legislation operating in a small, highly concentrated economy
  • Provides a historical background to the enactment of the CO and recommendations for further reforms of the CO

Table of Contents

1. Introduction
2. First conduct rule
3. Second conduct rule
4. Exclusions and exemptions
5. Enforcement and procedure
6. Conclusion
References
Index.

About the Author

Thomas K. ChengThe University of Hong Kong
Thomas K. Cheng is an associate professor at the University of Hong Kong. His research has appeared in respected US journals including Chicago Journal of International Law, Virginia Law and Business Review, and the University of Pennsylvania Journal of Business Law. He has made critical contributions to the development of competition law in Hong Kong. He advised the government extensively during the drafting of the city's first competition law. He was a member of the inaugural Competition Commission.

Kelvin Hiu Fai KwokThe University of Hong Kong
Kelvin Hiu Kwok is an associate professor at the University of Hong Kong. His research has appeared in international peer-review journals including European Law Review, Common Law World Review, Journal of Competition Law & Economics, Journal of Antitrust Enforcement, World Competition, and European Business Organization Law Review. He has been active in knowledge exchange in competition law through his media appearances and serving as a Non-Governmental Advisor to the International Competition Network and as a Co-opted Member of the Consumer Council. He is also a practicing Hong Kong barrister with considerable experience advising on competition law issues.

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