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Course Details

(Webinar via Zoom) Hong Kong Competition Law & Practice: A Detailed Introduction
Philip Monaghan, Partner, O'Melveny, Asia Antitrust & Competition
Date: 28 September 2021 (Tuesday)
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: L21CC13
Venue: Webinar Course
Presenter's Biography:

Philip is a former senior competition regulator who, in private practice, advises Asia-based and multinational clients on competition issues arising under antitrust laws globally. In particular, Philip leverages his extensive private practice experience and his appreciation of the regulatory perspective to guide clients through complex vertical, cartel, abuse of market power, and multi-jurisdictional merger control matters.

From 2014 to 2017, Philip served as the first Executive Director (General Counsel) of the Hong Kong Competition Commission (HKCC). The HKCC is the competition enforcer for Hong Kong with power to prosecute competition law contraventions across all sectors of the economy.

Philip is an Irish, English (England and Wales) and Hong Kong-qualified lawyer who, prior to his appointment to the HKCC, practiced for more than a decade as a competition lawyer with international legal practices in London, Brussels, Beijing, and Hong Kong.
 
Outline:

Introductory

  • The purpose of competition law and policy
  • The "three pillars" of competition law
  • Key terms in the Competition Ordinance: "undertaking", "serious anti-competitive conduct"
  • Relevant product and geographic markets; market power

First Conduct Rule: Anti-competitive agreements

  • Prohibition of anti-competitive agreements
  • Agreements, decisions and concerted practices
  • Agreement which has the "object or effect" of restricting competition
  • An undertaking must not as a member of an association "make or give effect to" an anti-competitive decision
  • Cartels, horizontal agreements and vertical agreements

Second Conduct Rule: Abuse of market power

  • The meaning of "substantial degree of market power", "abuse"
  • Exclusionary abuses
  • Exploitative abuses

Merger Rule

  • Meaning of "merger"
  • Scope of application
  • Ancillary restrictions
  • Competitive assessment: unilateral and coordinated effects

Schedule 1 and other exclusions; applications for a decision or block exemption order

  • Agreements enhancing overall economic efficiency
  • Compliance with legal requirements
  • Services of general economic interest
  • Schedule 1 mergers exclusion and Schedule 8 exclusions from merger rule
  • Agreements and conduct of lesser significance
  • Principle of self-assessment of agreements and conduct
  • Applications for a decision or block exemption order
  • Public policy exemption

Procedures, powers, penalties and remedies

  • Powers of investigation of the Competition Commission
  • Commitments
  • Leniency
  • Infringement notice and warning notice
  • "Persons involved in contravention of competition rule" under Section 91
  • Applications to the Competition Tribunal for pecuniary penalties and other orders
  • Private rights of action and allegations of contraventions of the conduct rules raised as a defence
  • Review by the Competition Tribunal

Practice to date under the Competition Ordinance

  • Current cases before the Competition Tribunal
  • Block Exemptions
  • Market studies

 
Category: Corporate / Commercial
Course Booking Terms & Conditions

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