plaintiff:
- Competition Commission

defendant:
- ATAL Building Services Engineering Limited
- Analogue Holdings Limited
- Shun Hing Engineering Contracting Company Limited
- Shun Hing Holdings Company Limited
- Ser Ka Wai
- Cheng Kit Shun
- Kwan Siu Kin
- Johnson Controls Hong Kong Limited
- York International (Northern Asia) Limited
- Johnson Controls International PLC
- Lee Yui Ming

case_reason: >
  Applications for leave to appeal decisions regarding: (1) the timing of Kam Kwong applications 
  for penalty determination in two competition enforcement actions (CTEA 2/2022 and CTEA 2/2023), 
  which the Tribunal directed should be heard together at trial or when all respondents reach 
  agreement with the Commission; and (2) disclosure of correspondence relating to cooperation 
  agreements between ATAL's employees and the Commission.

judgment_summary: >
  The Competition Tribunal refused leave to appeal on both applications. The Tribunal held that 
  the timing of Kam Kwong applications is a matter of discretion and case management, not raising 
  a material point of law. The Commission and ATAL had sought one penalty of HK$150,000,000 in 
  both actions, but accepted that one composite judgment imposing one composite fine in two 
  proceedings would not be appropriate. The Tribunal directed that Kam Kwong applications in both 
  actions be dealt with together after trial or when all respondents reach agreement. The Tribunal 
  also refused leave to appeal the disclosure decision, finding no reasonable prospect of success. 
  An interim stay was granted on the disclosure decision pending Court of Appeal determination. 
  The two proceedings were ordered to be heard together. Costs: 80% payable by the Commission, 
  20% by the 1st Respondent to other respondents.

jurisdiction_code: >
  HKCT

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

case_location:
- Competition Tribunal
- Hong Kong

case_object:
- Kam Kwong applications
- Pecuniary penalty of HK$150,000,000
- Cooperation agreements
- Disclosure of correspondence

judgment_result:
- allegation_content: Application for leave to appeal decision on timing of Kam Kwong applications
  established: N
- allegation_content: Application for leave to appeal disclosure decision
  established: N
- allegation_content: Application for interim stay of disclosure decision pending Court of Appeal determination
  established: Y

involved_entities:
- name: Hon Harris J
  state_reasons: President of the Competition Tribunal who delivered the decision refusing leave to appeal
- name: Norman NIP SC
  state_reasons: Senior Counsel for the Competition Commission (applicant)
- name: Abraham Chan SC
  state_reasons: Senior Counsel for ATAL Building Services Engineering Limited (1st respondent)
- name: Paul Shieh SC
  state_reasons: Senior Counsel for Johnson Controls respondents (2nd to 4th respondents in CTEA 2/2023)
