Guidelines to the Hong Kong Competition Ordinance: the Commission invites stakeholders' views

The Hong Kong Competition Commission ("Commission") is setting to work on one of its crucial tasks in the implementation of the Competition Ordinance ("Ordinance"): drafting guidelines that will inform the market as to how the Commission expects to implement – and enforce – the Ordinance in practice. It is anticipated that the guidelines will address procedural issues including complaints, leniency applications and investigations, as well as guidance on exemptions.

To start the ball rolling, on 26 May 2014, the Commission has invited any interested stakeholders to submit their views and to provide information on trade practices in Hong Kong markets. The information gathered will assist the Commission in producing the draft guidelines, which are expected to be available towards the end of 2014. The Commission's paper "Getting Prepared for the Full Implementation of the Competition Ordinance," published on 26 May, requests in particular feedback from stakeholders on the following issues:

  • common trade practices in Hong Kong which may have anti-competitive risk;
  • experiences of vertical agreements, in particular resale price maintenance, and their efficiencies and risks;
  • views on how to analyse market power and factors to take into account;
  • experiences of information sharing and joint purchasing agreements;
  • experiences of tying and bundling practices; and
  • concerns on the application of the merger rule in telecommunications markets

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