plaintiff:
- Competition Commission

defendant:
- Kam Kwong Engineering Company Ltd (金光工程有限公司)
- Goldfield N&W Construction Company Ltd (聯合金輝建築工程有限公司)
- Pacific View Engineering Ltd (豪景工程有限公司)
- CHAN Kam Shui (陳金水)
- LAM Po Wong (林保旺)

case_reason: >
  Enforcement action concerning contravention of the First Conduct Rule in relation to 
  tendering for renovation and redecoration work pursuant to the Hong Kong Housing Authority's 
  Decoration Contractor System. The case involved market allocation and price fixing agreements 
  among contractors, with the 3rd and 5th Respondents entering into an illicit arrangement 
  exploiting the 3rd Respondent's privileged position as a HKHA designated decoration contractor.

judgment_summary: >
  The Competition Tribunal imposed pecuniary penalties on the 3rd and 5th Respondents for 
  contravening the First Conduct Rule. The 3rd Respondent (Pacific View Engineering Ltd) was 
  ordered to pay a penalty of $1,579,000 for contravening the First Conduct Rule. The 5th 
  Respondent (LAM Po Wong) was ordered to pay a penalty of $280,000 for being involved in the 
  contravention. The Tribunal rejected the argument that both respondents should be treated as 
  one undertaking for penalty purposes, holding that each legal person should be penalized 
  individually under sections 91-93 of the Competition Ordinance. The Tribunal accepted 
  undertakings from both respondents instead of injunctive relief. The decision followed the 
  Kam Kwong procedure (analogous to the Carecraft procedure) where respondents conceded 
  liability through a Statement of Agreed Facts. A 9% reduction was granted for cooperation 
  and admission of liability.

jurisdiction_code: >
  HKCT

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

case_location:
- Competition Tribunal
- Hong Kong

case_object:
- Decoration Contractor System contracts
- King Tai Court renovation works
- Market allocation agreement
- Price fixing arrangement

judgment_result:
- allegation_content: 3rd Respondent (Pacific View Engineering Ltd) contravened the First Conduct Rule
  established: Y
- allegation_content: 5th Respondent (LAM Po Wong) was involved in the contravention of the First Conduct Rule
  established: Y
- allegation_content: 3rd and 5th Respondents should be treated as one undertaking for penalty purposes
  established: N
- allegation_content: Uncertainty in the state of law should mitigate penalties
  established: N
- allegation_content: Contravention is part of long-standing and wide-spread industry practice (aggravating factor)
  established: N

involved_entities:
- name: Hon Harris J
  state_reasons: Judge who heard the case in chambers and delivered the decision on penalties on 22 July 2022
- name: Hong Kong Housing Authority (HKHA)
  state_reasons: Authority operating the Decoration Contractor System under which the anti-competitive conduct occurred
- name: Chan Hong Wing
  state_reasons: Sole director and shareholder of 3rd Respondent who entered into licence borrowing arrangement with 5th Respondent
- name: Lee Hiu Leung
  state_reasons: Head of Litigation at the Competition Commission who filed affidavit regarding financial documents
- name: Chan Wai Ching
  state_reasons: Head (Intelligence, Forensics and Leniency) in Operations Division of the Commission
- name: 1st Respondent (Kam Kwong Engineering Company Ltd)
  state_reasons: Co-conspirator in the market allocation and price fixing agreement, previously dealt with in separate penalty decision
- name: 2nd Respondent (Goldfield N&W Construction Company Ltd)
  state_reasons: Co-conspirator in the market allocation and price fixing agreement, previously dealt with in separate penalty decision
- name: 4th Respondent (CHAN Kam Shui)
  state_reasons: Individual involved in the contravention, previously dealt with in separate penalty decision