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2 results

  • 12 - Hong Kong’s Revised Leniency Policy and Its Potential to Deter Cartels

  • from Part III - Leniency Programmes in Selected Asian Jurisdictions
  • Edited by Steven Van Uytsel, Mark Fenwick, Yoshiteru Uemura
  • Book:
    Leniency in Asian Competition Law
    Published online:
    15 September 2022
    Print publication:
    22 September 2022, pp 302-330

  • Summary

    The chapter reports that the leniency programme in Hong Kong was promulgated at the same time that the Hong Kong Competition Ordinance went into full effect in 2015. This leniency programme has been successfully used once. The Hong Kong Competition Commission (HKCC) reached a leniency agreement in 2020, despite the strong focus of the HKCC on tackling cartels. Six out of the seven cases the HKCC has brought to the Hong Kong Competition Tribunal are cartel related. These enforcement successes are attributable to market studies of the HKCC itself. However, this situation should not be misinterpreted. With the arrival of Brent Snyder as the Chief Executive Officer of the HKCC, the leniency programme was revised. Lenient treatment remained limited to immunity, but also became available once an investigation has started. Two new schemes were introduced: leniency for individuals and leniency plus. A leniency applicant has also been given immunity from damages claims. Further, reduction was made possible through the introduction of a cooperation policy. These recent changes should contribute to enforcement and supplement the successfully concluded ex officio investigations.

Leniency in Asian Competition Law
  • Edited by Steven Van Uytsel, Mark Fenwick, Yoshiteru Uemura
  • Published online:
    15 September 2022
    Print publication:
    22 September 2022
  • In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision – deliberate or otherwise – not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.