plaintiff:
- COMPETITION COMMISSION
defendant:
- LINDE HKO LIMITED
- TSE CHUN WAH
- LINDE GMBH
jurisdiction_code: HKCT
jurisdiction_name: Competition Tribunal of the Hong Kong Special Administrative Region
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: >-
  The Competition Commission seeks orders for the Respondents to make general discovery of documents relevant
  to the enforcement action brought against them.
case_object:
- discovery and production of documents
judgment_result:
- charge: Application for discovery and production of documents (liability issue)
  result: Declined. The application was not properly formulated as a consequence of which the Tribunal
    declined to make an order for the Respondents to make discovery at this time.
judgment_summary: >-
  The Competition Commission sought orders for Linde HKO Limited, Tse Chun Wah, and Linde Gmbh to make
  general discovery of relevant documents in an enforcement action. The court declined the application
  as it was not properly formulated according to Rule 24 of the Competition Tribunal Rules, which requires
  a summons be filed. The tribunal noted that while the Commission can make broad discovery, this must
  be requested through proper procedure.
involved_entities:
- entity_name: Hon Harris J
  reason: Presiding judge in this case, responsible for fact-finding and adjudication.
- entity_name: Competition Commission
  reason: Applicant in the enforcement action.
- entity_name: Linde HKO Limited
  reason: 1st Respondent in the enforcement action.
- entity_name: TSE CHUN WAH
  reason: 2nd Respondent in the enforcement action.
- entity_name: Linde GMBH
  reason: 3rd Respondent in the enforcement action.
- entity_name: Jonathan Harris
  reason: President of the Competition Tribunal, articulated procedural principles regarding discovery
    and production of documents.
- entity_name: Mr Jin Pao SC
  reason: Counsel representing the applicant (Competition Commission).
- entity_name: Mr Timothy Parker
  reason: Barrister representing the applicant (Competition Commission).
- entity_name: Ms Eva Sit SC
  reason: Counsel representing the 1st respondent (Linde HKO Limited).
- entity_name: Mr Joshua Chan
  reason: Barrister representing the 1st respondent (Linde HKO Limited).
- entity_name: Mr Nigel Francis
  reason: Counsel representing the 2nd respondent (TSE CHUN WAH).
- entity_name: Linklaters
  reason: Law firm instructing Ms Eva Sit SC and Mr Joshua Chan for the 1st respondent.
- entity_name: YTL LLP
  reason: Law firm instructing Mr Carter Chim for the 3rd respondent (Linde GMBH).
- entity_name: Eversheds Sutherland
  reason: Law firm instructing Mr Jin Pao SC and Mr Timothy Parker for the applicant.
