Hong Kong (May 1998)

Score = 10

Governed by: The Competition Policy Advisory Group Statement on Competition Policy, May 1998 (hereinafter referred to as “Competition Policy”).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	0
Remedies	Fines	0
	Prison Sentences	0
	Divestitures	0
Private Enforcement	3rd Party Initiation	0
	Remedies Available to 3rd Parties	0
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0	Hong Kong has laws specific to the telecom industry allowing voluntary merger notification.
	Mandatory	0
	Pre-merger	0
	Post-merger	0
Merger Assessment	Dominance	0
	Restriction of Competition	0
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Article 7 considers abuse of a dominant market position that which limits market access.
	Abusive Acts	1	Article 7 prohibits the abuse of a dominant position.
	Price Setting	1	Article 7(a) lists predatory pricing as an example of an abuse of a dominant position.
	Discriminatory Pricing	0
	Resale Price Maintenance	1	Article 7(b) lists RPM as an example of an abuse of a dominant position.
	Obstacles to Entry	0
	Efficiency Defense	1	The Article 7 prohibitions are dependant on the practice resulting in economic inefficiencies.
Restrictive Trade Practices	Price Fixing	1	Article 6(a) says price fixing is illegal when it restricts competition.
	Tying	1	Article 7(c) lists RPM as a possibly illegal practice.
	Market Division	1	Article 6(b) says that market allocation may be illegal.
	Output Restraint	0
	Market Sharing	1	Article 6(b) says that sales and production quotas may be illegal.
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	1	Article 6(b) says that bid rigging may be illegal.
	Supply Refusal	1	Article 6(c) says that group boycotts are impermissible when they impair economic efficiency.
	Efficiency Defense	1	The Article 6 prohibitions are only in force if they have negative effects on efficiency.