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: 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: >- Commission and ATAL seek judicial review challenging the Tribunal's decision directing questions regarding the imposition of a single penalty in two proceedings in March 2023. case_object: - judicial review judgment_result: - charge: Refusal to grant leave to appeal in the 2nd Action (liability issue) result: Disallowed. The Court of Appeal did not find that there was a reasonable prospect of success or an issue on which it would be helpful for the Court of Appeal to opine. - charge: Disclosure of correspondence relating to cooperation agreements entered between two of ATAL’s employees and the Commission (liability issue) result: Denied. The Court found no material point of law involved, and the appeal did not raise any issues that required further consideration by the Court of Appeal. - charge: Direction on the consent summons dated 18 August 2023 in CTEA 2/2023 and the summons dated 27 September 2023 in CTEA 2/2022 (disposition issue) result: Allowed. The two proceedings were directed to be heard together with liberty to apply, and costs reserved. judgment_summary: >- The Competition Commission sought judicial review against the Tribunal's decision regarding two competition cases involving ATAL and others. The Court denied leave to appeal on liability issues, finding no reasonable prospect of success or material points of law. However, it allowed a direction for the two proceedings to be heard together with costs reserved. 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 which the tribunal heard the action. - entity_name: CTEA 2/2023 reason: Case number in which the tribunal heard the action. - 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 5th and 6th respondents in CTEA 2/2022. - entity_name: Mr Patrick Siu reason: Counsel for the 5th and 6th respondents in CTEA 2/2022. - entity_name: Tang & Ku Solicitors reason: Counsel for the 5th and 6th respondents in CTEA 2/2022. - entity_name: Wong Heung Sum & Lawyers reason: Counsel for the 3rd respondent in CTEA 2/2022. - entity_name: Au Yeung Chan & Ho, Solicitors reason: Counsel for the 4th respondent in CTEA 2/2022. - entity_name: Deacons reason: Counsel for the 1st and 2nd respondents in CTEA 2/2022. - entity_name: Baker & McKenzie reason: Counsel for the 2nd to 4th respondents 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.