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ARTICLE · 01 OCTOBER 2015

Hong Kong's Competition Commission Publishes Draft Cartel Leniency Policy

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Hong Kong's Competition Commission yesterday published a draft leniency policy for companies engaged in cartel conduct.

Hong KongAntitrust/Competition Law

Keywords: Hong Kong, competition commission, cartel conduct

Hong Kong's Competition Commission yesterday published a draft leniency policy for companies engaged in cartel conduct. The draft policy outlines the Commission's approach to leniency.

Why Introduce a Leniency Policy for Cartel Conduct?

As set out in its Guideline on the First Conduct Rule, the Commission considers cartels a form of serious anticompetitive conduct under the Competition Ordinance. The draft policy is designed to provide a strong incentive for cartel participants to break from and report any cartel activity.

Overview and Scope of the Leniency Policy

Under the draft policy, the Commission will agree not to bring proceedings in the Competition Tribunal for a pecuniary penalty against the cartel member who reports the cartel conduct to the commission and meets all the requirements for receiving leniency under the policy. These requirements include fully co-operating with the

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