Hong Kong Competition Law: Comparative and Theoretical Perspectives

This book is the first academic monograph on Hong Kong's new competition law. It provides an overview of the historical background, comparative analysis, and theoretical framework of the Ordinance, with a focus on key provisions, exclusions, exemptions, and procedural rules. It draws on overseas legislation and jurisprudence and engages in academic debates on the development of competition law in Hong Kong.

Format: Paperback / softback
Length: 327 pages
Publication date: 13 July 2023
Publisher: Cambridge University Press

This groundbreaking academic monograph is the first comprehensive exploration of the new competition law in Hong Kong. Providing a comprehensive overview of the historical background, it delves into the intense debate and meticulous process that culminated in the adoption of the Competition Ordinance. The book offers a detailed comparative and theoretical analysis of the key provisions of the Ordinance, with a special focus on the First Conduct Rule, the Second Conduct Rule, exclusions and exemptions, and procedural provisions. Drawing inspiration from international legislation and jurisprudence, the author incorporates a thorough examination of recent cases decided by the Competition Tribunal. Engaging in relevant academic debates and theoretical analysis, the book proposes recommendations for further reform to align competition law in Hong Kong with its unique economic and political contexts. This essential resource is a must-read for scholars, practitioners, and policymakers interested in understanding the dynamics of competition law in this dynamic region.

Introduction:
The competition law in Hong Kong has undergone significant developments in recent years, reflecting the city's commitment to promoting fair competition and protecting consumer interests. This monograph aims to provide a comprehensive and in-depth analysis of the new competition law in Hong Kong, exploring its historical background, key provisions, and recent cases.
Historical Background:
The competition law in Hong Kong can be traced back to the early 1990s, when the government recognized the need for a comprehensive legal framework to regulate business practices and prevent anti-competitive behavior. The debate over the adoption of a competition law in Hong Kong began in earnest in the late 1990s, with stakeholders from various industries and sectors expressing their concerns and suggestions.
The Debate and Process:
The debate over the adoption of a competition law in Hong Kong was marked by intense discussions and negotiations between the government, industry representatives, and legal experts. The process involved several rounds of consultation and public hearings, which allowed for the input and feedback of various stakeholders.
Key Provisions:
The Competition Ordinance, which came into effect in 2004, is the primary legislation governing competition law in Hong Kong. The Ordinance contains several key provisions, including the First Conduct Rule, the Second Conduct Rule, the Exclusions and Exemptions, and the Procedural Provisions.
First Conduct Rule:
The First Conduct Rule prohibits anti-competitive agreements, which are agreements between businesses to restrict competition or fix prices. The Rule also prohibits abuse of a dominant position, which occurs when a business dominates a market and uses its power to exploit its customers or suppliers.
Second Conduct Rule:
The Second Conduct Rule prohibits cartels, which are agreements between businesses to limit production or fix prices. Cartels can have serious consequences for consumers, as they can lead to higher prices and reduced choice.
Exclusions and Exemptions:
The Competition Ordinance includes several exclusions and exemptions, which allow certain types of business practices to be exempt from the provisions of the Ordinance. These exclusions and exemptions are designed to promote innovation, investment, and competition in Hong Kong.
Procedural Provisions:
The Competition Ordinance includes several procedural provisions, which ensure that businesses are treated fairly and that the competition law is enforced effectively. These provisions include the right to appeal against decisions of the Competition Tribunal, the power to seek injunctions to prevent anti-competitive behavior, and the ability to seek compensation for damages caused by anti-competitive behavior.
Comparative and Theoretical Analysis:
The monograph also offers a detailed comparative and theoretical analysis of the key provisions of the Competition Ordinance. The author draws on international legislation and jurisprudence to provide insights into the principles and practices of competition law and how they apply in Hong Kong.
Relevant Academic Debates:
The monograph engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. The author discusses the challenges and opportunities that Hong Kong faces in promoting fair competition and protecting consumer interests, and proposes recommendations for further reform.
Conclusion:
In conclusion, this groundbreaking academic monograph is the first comprehensive exploration of the new competition law in Hong Kong. Providing a comprehensive overview of the historical background, key provisions, and recent cases, the book offers valuable insights into the principles and practices of competition law. The author's comparative and theoretical analysis provides a strong foundation for further reform, and the book's recommendations for further reform are timely and relevant. As Hong Kong continues to evolve as a global economic hub, it is essential to have a robust competition law framework in place to promote fair competition and protect consumer interests.

ISBN-13: 9781108448123