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CTEA 2/2022 and CTEA 2/2023
(HEARD TOGETHER)
[2025] HKCT 3
CTEA 2/2022
IN THE COMPETITION TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COMPETITION TRIBUNAL ENFORCEMENT ACTION NO 2 OF 2022
____________________
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BETWEEN
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COMPETITION COMMISSION
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Applicant
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and
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ATAL BUILDING SERVICES ENGINEERING LIMITED
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1
st
Respondent
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ANALOGUE HOLDINGS LIMITED
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2
nd
Respondent
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SHUN HING ENGINEERING CONTRACTING COMPANY LIMITED
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3
rd
Respondent
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SHUN HING HOLDINGS COMPANY LIMITED
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4
th
Respondent
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SER KA WAI
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5
th
Respondent
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CHENG KIT SHUN
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6
th
Respondent
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KWAN SIU KIN
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7
th
Respondent
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____________________
IN THE COMPETITION TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COMPETITION TRIBUNAL ENFORCEMENT ACTION NO 2 OF 2023
____________________
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BETWEEN
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COMPETITION COMMISSION
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Applicant
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and
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ATAL BUILDING SERVICES ENGINEERING LIMITED
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1
st
Respondent
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JOHNSON CONTROLS HONG KONG LIMITED
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2
nd
Respondent
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YORK INTERNATIONAL (NORTHERN ASIA) LIMITED
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3
rd
Respondent
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JOHNSON CONTROLS INTERNATIONAL PLC
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4
th
Respondent
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LEE YUI MING
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5
th
Respondent
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____________________
(HEARD TOGETHER)
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Before:
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Hon Harris J, President of the Competition Tribunal in Chambers
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Date of Hearing:
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6 June 2024
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Date of Decision:
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6 June 2024
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Date of Reasons for Decision:
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25 March 2025
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_________________________________
REASONS FOR DECISION
_________________________________
1.
On 6 June 2024 I heard at the same time case management conferences in CTEA 2/2022 and CTEA 2/2023. The reason they were heard together was because the Commission had listed a summons in each proceeding that they be consolidated. I indicated at the outset of the hearing that I would not make such an order, although I had no objection (and neither did the Respondents in the two proceedings) to them being heard one after the other. As can be seen from the titles to the two proceedings they have one common party. They both concern alleged contraventions of the First Conduct Rule (“
FCR
”) in connection with tendering for air-conditioning maintenance, installation, repair or replacement works. There is little overlap between the facts other than for the business activity, which is the subject of
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