| (Webinar via Zoom) Update on the First Conduct Rule of the Competition Regime in Hong Kong |
| Date: |
12 September 2024 (Thursday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
3 CPD pts (Accredited by The Law Society of Hong Kong) |
| Ref: |
L24CC09 |
| Venue: |
Webinar Course
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Presenter's Biography:
Connie is a Bar-Scholar and was called to the Bar in 2009. Her practice has a particular emphasis on regulatory and competition law matters. She has experience in representing directors of listed companies in disciplinary proceedings of the Hong Kong Stock Exchange (both before the Listing Committee and the Listing Appeal Committee). She represented the SFC in the first trial for reversing an IPO (over a HK$1 billion buy-back offer) under section 213 of the SFO: SFC v Hontex International Holdings CACV 128/2012 & HCMP630/2010. More recently, she also represented a Listco to stay and review the Insurance Authority's decision to appoint managers to take over the largest taxi insurer in Hong Kong: Target Insurance (Holding) Limited v. Insurance Authority ITA1/2022.
Since 2016, she has been appointed to the Competition Commission's Panel of External Counsel. She represented one of the parties in a 4-week trial before the Competition Tribunal: Competition Commission v W. Hing Construction Company Limited & Ors, the first case on market sharing and price fixing as well as the first determination of penalty and costs and its appeal in Hong Kong [2018] 5 HKLRD 437; [2019] 3 HKLRD 46; [2020] 2 HKLRD 1229 & [2022] 3 HKLRD 84. She was also instructed in Competition Commission v T.H Lee Book Company Limited & Ors CTEA 2/2020, an enforcement action against alleged price fixing and bid-rigging involving textbooks for secondary schools - the trial of which just concluded in May 2024 with judgment pending; and an enforcement action on alleged price fixing, market sharing/ bid-rigging in relation to the sale of inserter machines: Competition Commission v. Quadient Technologies Hong Kong Ltd & Ors. CTEA 1/2021.
She is ranked by both The Legal 500 Asia Pacific HK Bar (as a Leading Junior in Commercial Disputes and Competition) as well as Chambers and Partners Greater China Region Guide (Commercial Dispute Resolution: The Bar). She is also the exclusive winner of Lexology's Client Choice Award 2022 and 2023 - Hong Kong - Competition.
Tommy Cheung is a Bar Scholar. He has handled cases concerning a wide range of areas, including land, trusts, probate, family, intellectual property, competition, employment, company, insolvency, bankruptcy, banking, money lender and general commercial matters. He is regularly instructed to appear in interlocutory applications, including applications for urgent injunctions and orders as sole advocate. He has also rendered opinions on Hong Kong laws for use in the English High Court and the People's Courts in Mainland China.
Tommy's practice in commercial dispute resolution was recognised by the legal directory (The Legal 500 - Hong Kong Bar, 2023 & 2024). His notable cases include two milestone decisions in insolvency law: Re CW Advanced Technologies Ltd [2018] 3 HKLRD 552 (as amicus curiae, on issues to consider for common law recognition and assistance of a moratorium granted by a foreign Court, led by Dr William Wong SC) and Re CEFC Shanghai International Group Ltd [2020] 1 HKLRD 676 (the first application to Hong Kong Court for recognition of liquidation in Mainland China and cross-border insolvency assistance at common law, with Mr Look-Chan Ho). Further, he represented one of the parties in a 4-week trial before the Competition Tribunal: Competition Commission v W Hing Construction Co Ltd and Others [2020] 2 HKLRD 1229; [2019] 3 HKLRD 46; [2018] 5 HKLRD 437 (the pioneering case on market sharing, price fixing and determination of penalty in Hong Kong, with Ms Connie Lee).
Alongside his practice, Tommy routinely gives seminars on recent developments in civil and commercial laws. He is also a part-time lecturer at the University of Hong Kong, and his teaching in land law, conveyancing, commercial law and legal research & writing was recognised by the Faculty of Law's Outstanding Teaching Award in 2020.
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Objective:
To review the landscape and foundation laid in the First Conduct Rule enforcement actions brought in Hong Kong since the Competition Ordinance (Cap 619) took effect in December 2015 and to discuss general outlook of enforcement directions (in light of the most recent decisions from the Competition Tribunal and the Court of Appeal), with practical key takeaways for both newcomers and practitioners interested in this evolving area of law.
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Outline:
- Overview of the Competition Law Regime in Hong Kong
- Application of the First Conduct Rule (By Object vs. By Effect)
- Enforcement Actions Against Infringement of First Conduct Rule
- Standard of Proof
- The Concept of an "Undertaking" and Attribution of Liability
- Review of Enforcement Decisions in Hong Kong and Latest Developments
- Defences
- Economic Efficiency Defence
- The Sub-Contractor Defence
- Other Defences
- The Carecraft Procedures and Leniency Policies/Cooperation Policies
- Determination of Penalties and Usual Orders Sought by the Competition Commission
- Discussion of Competition Commission v. W. Hing Construction Co Ltd [2020] 2 HKLRD 1229 and [2022] 3 HKLRD 84
- Competition Commission's Policy on Recommended Pecuniary Penalties
- Directors' Disqualification Orders
- Legal Costs and Investigation Costs
- Outlook and Key Takeaways
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| Category: |
Corporate / Commercial |
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Bookings & Payments
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Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
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Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
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Other Terms
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