| Course Details |
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| (Webinar via Zoom) Competition Law Ordinance - 5 years on, a Reflection on the Development of First Conduct Rule Enforcement Action in Hong Kong |
| Date: |
11 March 2021 (Thursday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,700 |
| Accreditation: |
3 CPD pts (Accredited by The Law Society of Hong Kong) |
| Ref: |
L21CC01 |
| Venue: |
Webinar Course
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Presenter's Biography:
Connie is a Bar-Scholar and was called to the Bar in 2009. She has a broad civil and commercial practice with 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 Securities and Futures Ordinance: SFC v Hontex International Holdings CACV 128/2012 & HCMP630/2010.
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 [2019] 3 HKLRD 46, as well as determination of penalty in Hong Kong: [2020] 2 HKLRD 1229. See also: [2018] 5 HKLRD 437. She is also representing two parties 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 in Hong Kong.
In September 2018 and 2019, Connie was appointed to sit as a Deputy District Judge. In September 2020, she was appointed to sit as a Temporary Deputy Registrar of the High Court. She is a Fellow of the Chartered Institute of Arbitrators and a member of the HKIAC List of Arbitrators. She also serves on 6 administrative and quasi-judicial boards and tribunals.
Tommy has actively worked on insolvency and bankruptcy matters. Notably, he appeared as junior counsel in 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). He was also instructed by a co-founder of the BaWang Group as sole counsel to present a petition to wind up the parent company of BaWang International (Group) Holding Limited.
Moreover, Tommy has handled cases concerning banking, land, trusts, probate, intellectual property, competition, employment, family, commercial and companies. Recently, 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). He is also regularly instructed to appear in interlocutory applications, including applications for ex parte orders and urgent injunctions as sole counsel. He is able to provide written submissions and conduct hearings in both English and Chinese, and has previously rendered Chinese opinions on Hong Kong laws for use in the People's Courts in Mainland China.
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 foundations 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 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 CTEA 2/2017 (which laid down the multi-step approach to determine penalties)
- Competition Commission's Policy on Recommended Pecuniary Penalties
- Directors' Disqualification Orders
- Legal Costs and Investigation Costs
- Outlook & Key Takeaways
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| Category: |
Corporate / Commercial |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
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;
- Transfer you booking to another course, to be held before 31 October 2021; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2021.
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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.
Conference Venue
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Other Terms
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