|Anti-competitive conduct under the Hong Kong Competition Ordinance: Cases and Examples
||23 August 2018 (Thursday)
||2:30pm - 5:45pm
For delegates who have prior knowledge of the subject area
||3 CPD pts (Accredited by The Law Society of Hong Kong)
Unit 903, 9/F,
Euro Trade Centre,
21-23 Des Voeux Road,
Central, Hong Kong
Sharon has more than 20 years of experience in antitrust matters and merger review spanning a wide range of industries in the United States. She has also been engaged by attorneys in Hong Kong to advise their clients on a broad range of competition-related matters.
Sharon has advised attorney and corporation clients in antitrust investigations and litigation matters alleging monopolisation; anti-competitive vertical restraints (e.g., exclusivity agreements, tying, bundling, resale price maintenance, refusal to deal); price discrimination; and collusive conduct (e.g., price fixing, bid rigging). She has prepared economic expert reports, submitted written declarations to U.S. federal courts, and presented economic findings to the U.S. Department of Justice and Federal Trade Commission staff in connection with antitrust investigations and merger review.
Prior to joining Deacons, Sharon was a Principal at the Washington, D.C. office of the global economic consulting firm Charles River Associates, an in-house economist at the antitrust department of a large multinational law firm based in New York City, and was on the faculty at Cornell University's Johnson Graduate School of Management. Sharon was recently appointed by the Hong Kong Competition Commission as a Non-governmental Advisor to the International Competition Network.
The purpose of the Hong Kong Competition Ordinance is to prevent businesses in all industry sectors from engaging in any conduct that harms competition and consumers in Hong Kong. While agreements to fix prices, share markets, rig bids, or restrict supply are considered "Serious Anti-Competitive" conduct, there are many "gray areas" where it is often unclear whether a specific conduct or business practice may be deemed anti-competitive, and therefore may potentially be in violation of the competition law. Illustrated with real world examples and cases, this course introduces the basic economic principle and framework that antitrust enforcement agencies and practitioners use to assess whether specific business practices can potentially harm competition and consumers.
I. Hong Kong Competition Ordinance: Overview
I. First Conduct Rule
A. "Serious Anti-Competitive" conduct
B. Very "high risk" conduct likely to be deemed anti-competitive
III. Second Conduct Rule
A. Substantial market power and its abuse
IV. Assessing competitive harm: basic economic principles and framework
V. "Gray Areas" of the competition law: Real world examples and cases
A. Information exchange
B. Collaboration among competitors
C. Vertical price restraints: e.g., resale price maintenance; margin
fixing; most favoured nation clauses
D. Non-price vertical restraints: e.g., exclusivity provisions; tying
E. Price discrimination
F. Other exclusionary conduct: e.g., refusal to deal; predatory pricing
||Corporate / Commercial