The primary source of competition law in Hong Kong is the Competition Ordinance (Cap 619) (Ordinance) and its related subsidiary legislation.
The Competition Commission (Commission) is the principal competition authority responsible for enforcing the Ordinance through enforcement proceedings before the Competition Tribunal. Decisions made by the Tribunal and other courts are also important sources of law for the competition regime in Hong Kong.
Guidance on how the Commission intends to interpret and give effect to various provisions of the Ordinance is available in its detailed guidelines issued pursuant to the Ordinance. Further guidance is offered through the Commission’s policy documents such as the Enforcement Policy, the Leniency Polices and the Guidance Note on Fees Payable for Making an Application to the Competition Commission.
The Commission’s decisions made under sections 11 and 26 of the Ordinance and block exemption orders made under section 15 of the Ordinance are also important indicators of how competition law will operate in Hong Kong. These can be found on the Decisions Register and Block Exemption Orders Register respectively.
The Communications Authority shares concurrent jurisdiction with the Commission in respect of anti-competitive conduct of certain undertakings operating in the telecommunications and broadcasting sectors. In this connection, the Commission has entered into a Memorandum of Understanding with the Communications Authority to coordinate the performance of their functions under the Ordinance.