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