2024 marks the 9th anniversary of the full implementation of the
Competition Ordinance (Cap 619) in Hong Kong.
2023/24 has been an action-packed year for Hong Kong antitrust
and competition enforcement - from robust investigations undertaken
by the Competition Commission (the
"Commission") to a judicial review
challenging the Commission's implementation of its leniency
policy. Following our last article of "Five Major Trends in Competition
Law 2020/21", we have reviewed the recent
enforcement actions and Competition Tribunal proceedings in 2023/24
and identified four notable trends:
1. JOINT OPERATIONS WITH CRIMINAL INVESTIGATION
AUTHORITIES
Joint operations with criminal investigation authorities (e.g.
ICAC, Hong Kong Police Force etc) appear to be an attractive
enforcement tool for the Commission recently. The reasons are
twofold - Firstly, cartel conduct is often closely intertwined with
criminal conduct such as fraud, corruption and using false
instruments.
