Hong Kong

The Competition Commission investigates anti-competitive conduct and brings cases before the Competition Tribunal, an independent judicial body.

The First Conduct Rule prohibits agreements that have the object or effect of preventing, restricting, or distorting competition. Hard-core cartels (price-fixing, market allocation, output restriction, bid-rigging) are treated as Serious Anti-Competitive Conduct.

The First Conduct Rule covers vertical agreements, but the Commission has stated it will generally not pursue vertical restraints unless they involve serious harm. Resale price maintenance may be investigated.

The Second Conduct Rule prohibits undertakings with a substantial degree of market power from abusing that position. Applies to exclusionary and exploitative conduct.

Merger control applies only to carrier licence holders in the telecommunications sector under the Merger Rule. There is no general cross-sector merger control regime.

The Commission operates a leniency policy offering full immunity to the first applicant and up to 100% penalty reduction for subsequent cooperating parties involved in cartel conduct.

The Commission may accept commitments from parties to address competition concerns, and may agree infringement notices and leniency cooperation agreements.

The Competition Tribunal may impose pecuniary penalties of up to 10% of Hong Kong turnover for each year of contravention (maximum 3 years). Disqualification orders against directors are also available.

No specific digital markets competition regulation. The Competition Ordinance applies generally to digital platforms on a case-by-case basis.

The Communications Authority has concurrent jurisdiction over competition matters in the telecommunications and broadcasting sectors.

The Commission has powers to require document production and information. It may apply to the Tribunal for search warrants to enter premises and seize evidence.

The Competition Tribunal may hear follow-on private actions for damages. Standalone private actions may also be brought before the Tribunal.

The Commission cooperates with overseas authorities informally. Hong Kong is a member of the International Competition Network (ICN).

Enforcement has focused on bid-rigging and price-fixing cartels, particularly in IT services, renovation, and construction. The Commission has also undertaken market studies in healthcare and auto fuel.