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Hong Kong Revises Leniency Program For Cartels

By  |  April 16, 2020

The Competition Commission (Commission) today published a revised Leniency Policy for Undertakings Engaged in Cartel Conduct and a new Leniency Policy for Individuals Involved in Cartel Conduct to enhance the effectiveness and transparency of its leniency programme for cartel conduct, which will strengthen cartel detection, enforcement, and victim recovery.

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    Leniency is proven to be an effective investigative tool used by competition authorities around the world to combat cartels, including bid rigging, price fixing, market sharing and output restriction, which are serious anti-competitive conduct under the Competition Ordinance (Cap. 619) (Ordinance). Investigations resulting from leniency have also significantly facilitated private damages actions brought by victims of cartels around the world.

    Based on its experience accumulated since the Ordinance came into full effect, the Commission has reviewed and revised its leniency framework with a view to strengthening its efficacy and comprehensiveness, providing stronger and clearer incentives for a cartel member to stop the cartel conduct and report it to the Commission, thereby strengthening enforcement and furthering victim recovery.

    Full Content: Competition Commission

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