Under section 60 of the Competition Ordinance (Cap. 619) (Ordinance), the Competition Commission (Commission) may accept a commitment from a person to take any action, or refrain from taking any action, that the Commission considers appropriate to address its concerns about a possible contravention of a competition rule.
The Policy on Section 60 Commitments (Policy) sets out the Commission’s practice and procedure in respect of commitments relating to contraventions of the first conduct rule and the second conduct rule (Section 60 Commitments) (Note). It sets out information relating to:
- the appropriateness of a Section 60 Commitment as an enforcement outcome;
- the content of a Section 60 Commitment;
- the Section 60 Commitment process;
- matters following acceptance of a Section 60 Commitment; and
- confidentiality.
The Policy also contains a template which may be used by parties seeking to make Section 60 Commitments.
Note: For the avoidance of doubt, the Policy does not apply to commitments to comply with the requirements of an infringement notice issued under section 67 of the Ordinance or to commitments which relate to possible contraventions of the merger rule under section 3, Schedule 7 to the Ordinance.