plaintiff: - Competition Commission defendant: - Quantr Limited - CHEUNG Man Kit case_reason: > Enforcement action by the Competition Commission against Quantr Limited and its director Cheung Man Kit for contravention of the First Conduct Rule under section 6 of the Competition Ordinance. The respondents engaged in price-fixing and bid-rigging by exchanging price-sensitive information and coordinating their bids with another company in a quotation exercise conducted by Ocean Park Corporation for a workflow automation project using Nintex software. judgment_summary: > The Competition Tribunal approved a joint application under the Carecraft procedure for consent orders. The Tribunal declared that Quantr Limited contravened the First Conduct Rule and that Cheung Man Kit was involved in the contravention. Quantr Limited was ordered to pay a pecuniary penalty of HK$37,702.26 to the Government. Further proceedings were stayed on condition that the respondents implement compliance measures including: circulating Competition Commission materials to staff, adopting a competition compliance policy, and ensuring staff attend training on competition law. The respondents were ordered to pay the Commission's costs on a joint and several basis. The penalty was determined considering the low value of sales (less than HK$150,000), short duration of contravention, cooperation with the Commission, and admission of facts. jurisdiction_code: > HKCT jurisdiction_name: > Competition Tribunal of the Hong Kong Special Administrative Region case_location: - Competition Tribunal - Hong Kong case_object: - Workflow automation project for Ocean Park Corporation - Nintex software license and implementation services - Quotation exercise with estimated budget of HK$250,000 - Pecuniary penalty of HK$37,702.26 judgment_result: - allegation_content: Quantr Limited contravened the First Conduct Rule under section 6 of the Competition Ordinance by engaging in price-fixing and bid-rigging established: Y - allegation_content: Cheung Man Kit was involved in Quantr Limited's contravention under section 91 of the Ordinance established: Y - allegation_content: The agreement and concerted practice had the object of preventing, restricting, or distorting competition established: Y - allegation_content: The conduct constituted serious anti-competitive conduct (price-fixing) established: Y involved_entities: - name: Hon Linda Chan J state_reasons: Judge of the Court of First Instance who delivered the judgment approving the consent orders - name: Ocean Park Corporation state_reasons: Entity that conducted the quotation exercise for a workflow automation project - name: B Co (Company X) state_reasons: Competitor company that engaged in the agreement and concerted practice with Quantr Limited to exchange price information and coordinate bids - name: T state_reasons: Director of B Co who communicated with Cheung Man Kit to exchange quotation details - name: H state_reasons: Territory Manager - North Asia for Nintex who facilitated communications between the parties and encouraged coordination - name: Nintex Pty Limited state_reasons: Australian company that developed the workflow automation software and supplied it through local resale partners - name: Harris J state_reasons: Judge who considered the juridical basis for the Carecraft procedure in Competition Commission v Kam Kwong Engineering Company Limited & ors [2020] 4 HKLRD 61 - name: Godfrey Lam J state_reasons: Judge who established the structured methodological approach for determining pecuniary penalties in Competition Commission v W. Hing Construction Company Limited & ors [2020] 2 HKLRD 1229