CTEA 1/2021

[2023] HKCT 1

IN THE COMPETITION TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COMPETITION TRIBUNAL ENFORCEMENT ACTION NO 1 OF 2021

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D E C I S I O N

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Introduction

1. On 10 June 2022 I heard an application for orders by agreement between the Commission and the Respondents for orders in accordance with the Kam Kwong [1] procedure, namely:

(1) In respect of the 1 ^st and 2 ^nd Respondents:

“1. There be a declaration that the 1 ^st and 2 ^nd Respondents have contravened the First Conduct Rule under section 6 of the Competition Ordinance ( Cap. 619 ) (‘ Ordinance ’);

2. The 1 ^st and 2 ^nd Respondents do pay to the Government a pecuniary penalty in the sum of HK$1,399,000 pursuant to section 93 of the Ordinance within 14 days from the date hereof and provide documentary evidence of such payment to the Applicant within 7 days from the date of payment;

3. Pursuant to section 96 of the Ordinance, the 1 ^st and 2 ^nd Respondents do pay to the Government the sum of HK$476,101, being one third of the costs of and incidental to the investigation into their conduct or affairs, reasonably incurred by the Applicant in connection with these proceedings; and

4. The 1 ^st and 2 ^nd Respondents do pay to the Applicant one third of the Applicant’s costs of and incidental to the proceedings herein, to be taxed if not agreed.”

(2) In respect of the 3 ^rd Respondent:

“1. There be a declaration that the 3 ^rd Respondent has contravened the First Conduct Rule under section 6 of the Competition Ordinance ( Cap. 619 ) (‘ Ordinance ’);

2. The 3 ^rd Respondent do pay to the Government a pecuniary penalty in the sum of HK$3,372,000 pursuant to section 93 of the Ordinance within 14 days from the date hereof and provide documentary evidence of such payment to the Applicant within 7 days from the date of payment;

3. Pursuant to section 96 of the Or