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A Practical Guide to the Hong Kong Competition Ordinance

A Practical Guide to the Hong Kong Competition Ordinance

作者： Clara Ingen-Housz; Anna Mitchell; Knute Fournier
出版商： Sweet & Maxwell Hong Kong
ISBN: 9789626619018
出版时间 June 2016
规格： Hardback + eBook , 149 pages
适应领域： Hong Kong ? 免责申明：
Countri(es) stated herein are used as reference only

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With the Hong Kong Competition Ordinance finally coming into full effect 14 December 2015, the Practical Guide to the Hong Kong Competition Ordinance as authored by Linklaters will provide a highly practical yet comprehensive overview of the new competition regime.

The Practical Guide to the Hong Kong Competition Ordinance will be the reference document offering a one-stop solution to anyone seeking answers on any aspect of the Hong Kong cross-sector competition law regime.

Published right at the time of the Competition Ordinance’s entry into force, this title will provide for members of the legal profession, students, business people and anyone who wants an accessible, easy-to-read, ready-to-use explanation of the new Hong Kong competition regime. This Practical Guide will cover these areas by sections:

First section – a concise introduction of the context and key features of the legislation.

Second section – explains the main substantive provisions of the law:
(i) the first conduct rule on anti-competitive agreements;
(ii) the second conduct rule on abuse of substantial market power; and
(iii) a brief reference to the currently limited merger control regime. The section concludes on a presentation of the various exemptions and exclusions provided for in the law.

Third section – the institutional framework of the law, and in particular the features and powers of the Hong Kong Competition Commission and the Competition Tribunal.

Forth section – outlines the procedure, both at the Competition Commission and the Competition Tribunal stages. There will be brief concluding remarks on the Commission’s expected enforcement style and priorities in the near future.
1. Background
2. First Conduct Rule
3. Second Conduct Rule
4. Merger rule
5. Exemptions and exclusions
6. Competition Commission
7. Competition Tribunal
8. Communications Authority and appeals board
9. Sanctions
10. Complaints
11. Investigations
12. Enforcement
13. Judicial review
14. Conclusion
Clara Ingen-Housz
Based in Hong Kong for five years, Clara heads Linklaters’ Asia competition and antitrust law practice, with a focus on Hong Kong and China. She advises multinational companies on Asian competition law issues and Asian companies on global antitrust matters. Her experience of 15 years spans three continents and working both in private practice and as a regulator, giving her unique insight into the development of new competition regimes.

Anna Mitchell
Anna helped establish the Linklaters’ competition/antitrust team in Hong Kong, including managing new junior recruits and building up a client base in order to provide on the ground support to Asian-based clients’ compliance and merger control needs. She has advised global clients on a range of Asia-Pacific antitrust issues, and Asian clients on a range of global antitrust issues.

Knute Fournier
Knute possesses a solid legal profile, with an emphasis on anti-trust and competition law. He is the Chairman of the Hong Kong Competition Association. Currently a paralegal at Linklaters and who is a key member of their Asia competition and antitrust law practice. He is also a published author, whose two most recent publications are about telecom merger remedies in Hong Kong, and airline merger remedies.

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