Exempted or Excluded from the Competition Ordinance?

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Parties may apply to the Hong Kong Competition Commission ("HKCC") for a Decision on possible exclusions or exemptions under Sections 9 and 24 of the Competition Ordinance or for a Block Exemption Order under Section 15 of the Ordinance ("Applications"). Applications cannot be made before the Ordinance comes fully into force on 14 December 2015, but HKCC has indicated that it is prepared to enter into preliminary discussions before that date.

On 28 October 2015, HKCC further announced* transitional arrangements under which it may, in specific cases, indicate that it will be unlikely to initiate enforcement action in respect of existing conduct while it is considering an Application. HKCC will publicise any such cases and will reconsider these transitional arrangements after the Ordinance has been in full effect for six months.

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