How dear is an antitrust breach in Hong Kong – flat decorators slammed with HK$4 million fines in first penalties judgment

On 29 April 2020, the Competition Tribunal handed down its first judgment on financial penalties in a competition case in Hong Kong. The Tribunal had earlier found that the respondents, ten flat decorators, had contravened the First Conduct Rule (i.e. on anti-competitive agreements) in the Competition Ordinance by engaging in market sharing and price fixing. The Tribunal fined the respondents a total of around HK$4 million.

This case is significant because it sets a precedent on the proper approach for the determination of financial penalties under the Competition Ordinance, and clarifies the role of the Hong Kong Competition Commission in this exercise.

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