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CTEA 2/2022 and CTEA 2/2023
(HEARD TOGETHER)
[2024] HKCT 1
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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|
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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
|
|
|
COMPETITION COMMISSION
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Applicant
|
|
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and
|
|
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ATAL BUILDING SERVICES ENGINEERING
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1
st
Respondent
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LIMITED
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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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27 November 2023
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Date of Decision:
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27 November 2023
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Date of Reasons for Decision:
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11 January 2024
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_________________________________
REASONS FOR DECISION
_________________________________
1.
On 25 October 2023 I handed down my decision in respect of applications heard on 29 August 2023 in CTEA 2/2023 (“
1
st
Action
”). The applications were for an order that a
Kam Kwong
application that had been made in the 1
st
Action (although wrongly formulated as an order for a declaration and penalty by consent
[1]
) by the Commission and the 1
st
Respondent (“
ATAL
”) be heard together with a similar application in CTEA 2/2022 (“
2
nd
Action
”), although no such application had been issued and listed in the 2
nd
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