CTEA 1/2022

[2023] HKCT 2

IN THE COMPETITION TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COMPETITION TRIBUNAL ENFORCEMENT ACTION NO 1 OF 2022

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D E C I S I O N

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Introduction

1. On 20 January 2022 the Commission issued an Originating Notice of Application seeking declarations that the 1 ^st and 5 ^th Respondents had breached the First Conduct Rule ( s6 of the Competition Ordinance , Cap. 619 “ Ordinance ”), the 6 ^th Respondent had been involved in the contravention of the First Conduct Rule ( s94(1) of the Ordinance ), penalties against the 1 ^st and 5 ^th Respondents and a disqualification order against the 6 ^th Respondent, as a consequence of agreements to which the 1 ^st and 5 ^th Respondents had been parties to determine the price at which tickets to tourist attractions and transportation services were to be sold. I shall refer in this decision to the 1 ^st , 5 ^th and 6 ^th Respondents collectively as the “Respondents”. As a consequence of agreements, encapsulated in a consent summons dated 29 April 2022, reached between the Commission and the Respondents, the Respondents have admitted the alleged contraventions and agreed with the Commission that the proceedings against them should be disposed of by the Kam Kwong procedure. As is normal the parties have agreed comprehensive Statements of Agreed Facts. They have also agreed the penalties and costs orders that should be made; recognising that these are ultimately a matter for the Tribunal to determine. The present application is for judgment to be entered against the Respondents in accordance with the Kam Kwong procedure.

2. The application is straightforward and on 12 July 2022 I made orders in the terms agreed by the Parties, what, however, requires detailed consideration is the redact