plaintiff:
- Competition Commission

defendant:
- Linde HKO Limited
- TSE Chun Wah
- Linde GmbH

case_reason: >
  Case management conference for directions in a competition enforcement action brought by 
  the Competition Commission. The primary issue addressed was the procedure for discovery 
  of documents, particularly whether the Respondents should be ordered to make general 
  discovery.

judgment_summary: >
  The Competition Tribunal declined to make an order for the Respondents to make general 
  discovery at this time. The court held that the Commission failed to follow proper 
  procedure by not filing a summons in Form 2 as required by Rule 8 of the Competition 
  Tribunal Rules. The President clarified that there is no presumption that general 
  discovery is the norm in enforcement actions. The Commission must justify any discovery 
  order by explaining what documents or categories of documents it seeks, their relevance 
  to the issues, and why discovery is justified given the Commission's investigatory 
  powers. The Commission offered to make general discovery of all documents in its 
  possession relevant to the issues. If the Commission wishes to pursue a discovery 
  application, it must formulate it properly in line with the court's observations.

jurisdiction_code: >
  HKCT

jurisdiction_name: >
  Competition Tribunal of the Hong Kong Special Administrative Region

case_location:
- Competition Tribunal
- Hong Kong

case_object:
- Discovery of documents
- General discovery order
- Documents obtained through investigatory powers

judgment_result:
- allegation_content: Application for Respondents to make general discovery
  established: N

involved_entities:
- name: Hon Harris J
  state_reasons: President of the Competition Tribunal who heard the case management conference and delivered the decision
- name: Mr Jin Pao SC
  state_reasons: Senior Counsel instructed by Eversheds Sutherland representing the Competition Commission (applicant)
- name: Mr Timothy Parker
  state_reasons: Counsel instructed by Eversheds Sutherland representing the Competition Commission (applicant)
- name: Ms Eva Sit SC
  state_reasons: Senior Counsel instructed by Linklaters representing the 1st respondent (Linde HKO Limited)
- name: Mr Joshua Chan
  state_reasons: Counsel instructed by Linklaters representing the 1st respondent (Linde HKO Limited)
- name: Mr Nigel Francis
  state_reasons: Counsel of YTL LLP representing the 2nd respondent (TSE Chun Wah)
- name: Mr Carter Chim
  state_reasons: Counsel instructed by Linklaters representing the 3rd respondent (Linde GmbH)
