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 - ATAL BUILDING SERVICES ENGINEERING LIMITED - JOHNSON CONTROLS HONG KONG LIMITED - YORK INTERNATIONAL (NORTHERN ASIA) LIMITED - JOHNSON CONTROLS INTERNATIONAL PLC - LEE YUI MING jurisdiction_code: HKCT jurisdiction_name: 香港特別行政區競爭事務審裁處 case_location: - 香港特別行政區 case_reason: "Commission and ATAL seek judicial review challenging the Tribunal's decision directing questions\ \ on " case_object: - judicial review judgment_result: - charge: Refusal to grant leave to appeal in respect of the determination of Kam Kwong applications (liability issue) result: Disallowed. The Court found that there was no material point of law involved and the Commission's wish to reargue the matter before the Court of Appeal did not demonstrate a reasonable prospect of success. - charge: Refusal to grant leave to appeal in respect of disclosure decision (liability issue) result: Disallowed. The Court found that it did not have a reasonable prospect of success or raise an issue on which it would be helpful for the Court of Appeal to opine. - charge: Direction regarding hearing of two proceedings together (disposition issue) result: Allowed. The Tribunal directed that the two proceedings be heard together with liberty to apply, and ordered that 80% of the costs in both proceedings be paid by the Commission; 20% be paid by the 1st Respondent to the 3rd to 7th Respondents in CTEA 2/2022 and 2nd to 5th Respondents in CTEA 2/2023 with a certificate for two counsel. judgment_summary: >- In this case, the Competition Commission sought judicial review of the Tribunal's decision directing questions on liability issues in two proceedings (CTEA 2/2022 and CTEA 2/2023). The core issue was whether leave should be granted to appeal the Tribunal’s decisions. The Court assessed evidence and, involved_entities: - entity_name: Hon Harris J reason: President of the Competition Tribunal, responsible for fact-finding and adjudication. - entity_name: Jonathan Harris reason: President of the Competition Tribunal - entity_name: CTEA 2/2022 reason: Case number in the Competition Tribunal - entity_name: CTEA 2/2023 reason: Case number in the Competition Tribunal - entity_name: Competition Commission reason: Applicant in both CTEA 2/2022 and CTEA 2/2023 - entity_name: ATAL BUILDING SERVICES ENGINEERING LIMITED reason: 1st Respondent in CTEA 2/2022 - entity_name: ANALOGUE HOLDINGS LIMITED reason: 2nd Respondent in CTEA 2/2022 - entity_name: SHUN HING ENGINEERING CONTRACTING COMPANY LIMITED reason: 3rd Respondent in CTEA 2/2022 - entity_name: SHUN HING HOLDINGS COMPANY LIMITED reason: 4th Respondent in CTEA 2/2022 - entity_name: SER KA WAI reason: 5th Respondent in CTEA 2/2022 - entity_name: CHENG KIT SHUN reason: 6th Respondent in CTEA 2/2022 - entity_name: KWAN SIU KIN reason: 7th Respondent in CTEA 2/2022 - entity_name: JOHNSON CONTROLS HONG KONG LIMITED reason: 2nd Respondent in CTEA 2/2023 - entity_name: YORK INTERNATIONAL (NORTHERN ASIA) LIMITED reason: 3rd Respondent in CTEA 2/2023 - entity_name: JOHNSON CONTROLS INTERNATIONAL PLC reason: 4th Respondent in CTEA 2/2023 - entity_name: LEE YUI MING reason: 5th Respondent in CTEA 2/2023 - entity_name: Mr Norman NIP SC reason: Counsel for the applicant in both CTEA 2/2022 and CTEA 2/2023 - entity_name: Ms Leticia Tang reason: Counsel for the applicant in both CTEA 2/2022 and CTEA 2/2023 - entity_name: Mr Jonathan Fung reason: Counsel for the applicant in both CTEA 2/2022 and CTEA 2/2023 - entity_name: Mr Abraham Chan SC reason: Counsel for the 1st and 2nd respondents in CTEA 2/2022 - entity_name: Mr Joshua Chan reason: Counsel for the 1st and 2nd respondents in CTEA 2/2022 - entity_name: Ms Ebony Ling reason: Counsel for the 3rd respondent in CTEA 2/2022 - entity_name: Mr Dicky Cheung reason: Counsel for the 4th respondent in CTEA 2/2022 - entity_name: Mr Jonathan Ip reason: Counsel for the 4th respondent in CTEA 2/2022 - entity_name: Mr Patrick Siu reason: Counsel for the 5th and 6th respondents in CTEA 2/2022 - entity_name: The 7th respondent appeared in person reason: Respondent in CTEA 2/2022 - entity_name: Mr Norman NIP SC reason: Counsel for the applicant in CTEA 2/2023 - entity_name: Ms Leticia Tang reason: Counsel for the applicant in CTEA 2/2023 - entity_name: Mr Jonathan Fung reason: Counsel for the applicant in CTEA 2/2023 - entity_name: Mr Abraham Chan SC reason: Counsel for the 1st respondent in CTEA 2/2023 - entity_name: Mr Joshua Chan reason: Counsel for the 1st respondent in CTEA 2/2023 - entity_name: Mr Paul Shieh SC reason: Counsel for the 2nd to 4th respondents in CTEA 2/2023 - entity_name: Mr Jonathan Ng reason: Counsel for the 2nd to 4th respondents in CTEA 2/2023 - entity_name: Mr Stephen Crosswell, solicitor advocate of Baker & McKenzie reason: Counsel for the 2nd to 4th respondents in CTEA 2/2023 - entity_name: The 5th respondent was not represented and did not appear reason: Respondent in CTEA 2/2023