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7 Procedural Fairness in Hong Kong Competition Law

Kelvin Hiu Fai Kwok, Thomas K. Cheng

From: Antitrust Procedural Fairness

D. Daniel Sokol, Andrew T. Guzman

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Fair, reasonable, and non-discriminatory terms (FRAND) — Unfair trading conditions — Basic principles of competition law — Enforcement and procedure

This chapter explores the current state of a number of procedural issues under Hong Kong's competition enforcement regime, including the party's right to legal protection, access to case file, agency engagement, and the sufficiency of judicial oversight. It further examines the case of Television Broadcasts Ltd v Communications Authority, which is arguably the only competition law case in Hong Kong. The case concerns an issue of overriding importance that is bound to be litigated under the recently enacted Competition Ordinance (CO): the applicable standard of proof under the CO. Should the courts decide that the criminal standard of proof of beyond reasonable doubt applies under the CO, the enforcement of most provisions in the CO will be rendered practically impossible. Such a ruling would be tantamount to a judicial repeal of the CO.

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