Kelvin Kwok on Hub-and-Spoke’ Bid-Rigging and Corporate Attribution under Hong Kong Competition Law (J of Antitrust Enforcement)

"Hub-and-spoke’ bid-rigging and corporate attribution under Hong Kong Competition Law"

Kelvin Kwok

Journal of Antitrust Enforcement

Volume 8, Issue 1, pp. 223-231, https://doi.org/10.1093/jaenfo/jnaa005

Published on 17 March 2020 

Abstract: Nutanix is the very first case brought and decided under the Hong Kong Competition Ordinance (HKCO) (Cap 619), which came into full effect back in 2015 as the first piece of cross-sector competition legislation in Hong Kong. Under the HKCO’s ‘judicial enforcement’ model, the case was brought by the Hong Kong Competition Commission (HKCC) and decided by the Hong Kong Competition Tribunal (HKCT).2 The decision addressed a number of substantive issues concerning the elements of the First Conduct Rule (FCR) in the HKCO3 (which is modelled upon Article 101(1) of the Treaty on the Functioning of the European Union (TFEU)), as well as procedural issues such as the standard...