On 29 April 2019, the Hong Kong Competition Commission
("HKCC") published the Cooperation and Settlement Policy for Undertakings
Engaged in Cartel Conduct ("Cooperation
Policy"). In essence, the Cooperation Policy expands
HKCC's Leniency Policy, published in November 2015, just before
the full implementation of the Competition Ordinance.
The expansion occurs in two main directions. First, the benefits
of the existing leniency program can only accrue to a single
company involved in a cartel (i.e., the first one to submit
significant evidence on the cartel), while the Cooperation Policy
is available to subsequent applicants. Second, the Cooperation
Policy puts forward a new concept – "Leniency Plus"
– which allows a company participating in a cartel to submit
evidence of a new, separate cartel to HKCC and get credit for its
cooperation in relation to both the "old" and
"new" cartels.
