110 lines
5.1 KiB
YAML
110 lines
5.1 KiB
YAML
plaintiff:
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- COMPETITION COMMISSION
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defendant:
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- ATAL BUILDING SERVICES ENGINEERING LIMITED
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- ANALOGUE HOLDINGS LIMITED
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- SHUN HING ENGINEERING CONTRACTING COMPANY LIMITED
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- SHUN HING HOLDINGS COMPANY LIMITED
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- SER KA WAI
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- CHENG KIT SHUN
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- KWAN SIU KIN
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- ATAL BUILDING SERVICES ENGINEERING LIMITED
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- JOHNSON CONTROLS HONG KONG LIMITED
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- YORK INTERNATIONAL (NORTHERN ASIA) LIMITED
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- JOHNSON CONTROLS INTERNATIONAL PLC
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- LEE YUI MING
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jurisdiction_code: HKCT
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jurisdiction_name: Competition Tribunal of the Hong Kong Special Administrative Region
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case_location:
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- 香港特別行政區
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- Hong Kong Special Administrative Region
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case_reason: >-
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Commission and ATAL seek judicial review challenging the Tribunal's decision directing questions regarding
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the imposition of a single penalty in two proceedings in March 2023.
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case_object:
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- judicial review
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judgment_result:
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- charge: Refusal to grant leave to appeal in the 2nd Action (liability issue)
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result: Disallowed. The Court of Appeal did not find that there was a reasonable prospect of success
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or an issue on which it would be helpful for the Court of Appeal to opine.
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- charge: Disclosure of correspondence relating to cooperation agreements entered between two of ATAL’s
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employees and the Commission (liability issue)
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result: Denied. The Court found no material point of law involved, and the appeal did not raise any
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issues that required further consideration by the Court of Appeal.
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- charge: Direction on the consent summons dated 18 August 2023 in CTEA 2/2023 and the summons dated 27
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September 2023 in CTEA 2/2022 (disposition issue)
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result: Allowed. The two proceedings were directed to be heard together with liberty to apply, and costs
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reserved.
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judgment_summary: >-
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The Competition Commission sought judicial review against the Tribunal's decision regarding two competition
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cases involving ATAL and others. The Court denied leave to appeal on liability issues, finding no reasonable
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prospect of success or material points of law. However, it allowed a direction for the two proceedings
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to be heard together with costs reserved.
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involved_entities:
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- entity_name: Hon Harris J
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reason: President of the Competition Tribunal, responsible for fact-finding and adjudication.
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- entity_name: Jonathan Harris
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reason: President of the Competition Tribunal
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- entity_name: CTEA 2/2022
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reason: Case number in which the tribunal heard the action.
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- entity_name: CTEA 2/2023
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reason: Case number in which the tribunal heard the action.
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- entity_name: Competition Commission
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reason: Applicant in both CTEA 2/2022 and CTEA 2/2023.
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- entity_name: ATAL BUILDING SERVICES ENGINEERING LIMITED
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reason: 1st Respondent in CTEA 2/2022.
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- entity_name: ANALOGUE HOLDINGS LIMITED
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reason: 2nd Respondent in CTEA 2/2022.
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- entity_name: SHUN HING ENGINEERING CONTRACTING COMPANY LIMITED
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reason: 3rd Respondent in CTEA 2/2022.
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- entity_name: SHUN HING HOLDINGS COMPANY LIMITED
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reason: 4th Respondent in CTEA 2/2022.
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- entity_name: SER KA WAI
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reason: 5th Respondent in CTEA 2/2022.
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- entity_name: CHENG KIT SHUN
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reason: 6th Respondent in CTEA 2/2022.
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- entity_name: KWAN SIU KIN
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reason: 7th Respondent in CTEA 2/2022.
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- entity_name: JOHNSON CONTROLS HONG KONG LIMITED
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reason: 2nd Respondent in CTEA 2/2023.
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- entity_name: YORK INTERNATIONAL (NORTHERN ASIA) LIMITED
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reason: 3rd Respondent in CTEA 2/2023.
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- entity_name: JOHNSON CONTROLS INTERNATIONAL PLC
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reason: 4th Respondent in CTEA 2/2023.
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- entity_name: LEE YUI MING
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reason: 5th Respondent in CTEA 2/2023.
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- entity_name: Mr Norman NIP SC
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reason: Counsel for the applicant in both CTEA 2/2022 and CTEA 2/2023.
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- entity_name: Ms Leticia Tang
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reason: Counsel for the applicant in both CTEA 2/2022 and CTEA 2/2023.
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- entity_name: Mr Jonathan Fung
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reason: Counsel for the applicant in both CTEA 2/2022 and CTEA 2/2023.
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- entity_name: Mr Abraham Chan SC
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reason: Counsel for the 1st and 2nd respondents in CTEA 2/2022.
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- entity_name: Mr Joshua Chan
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reason: Counsel for the 1st and 2nd respondents in CTEA 2/2022.
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- entity_name: Ms Ebony Ling
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reason: Counsel for the 3rd respondent in CTEA 2/2022.
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- entity_name: Mr Dicky Cheung
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reason: Counsel for the 4th respondent in CTEA 2/2022.
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- entity_name: Mr Jonathan Ip
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reason: Counsel for the 5th and 6th respondents in CTEA 2/2022.
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- entity_name: Mr Patrick Siu
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reason: Counsel for the 5th and 6th respondents in CTEA 2/2022.
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- entity_name: Tang & Ku Solicitors
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reason: Counsel for the 5th and 6th respondents in CTEA 2/2022.
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- entity_name: Wong Heung Sum & Lawyers
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reason: Counsel for the 3rd respondent in CTEA 2/2022.
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- entity_name: Au Yeung Chan & Ho, Solicitors
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reason: Counsel for the 4th respondent in CTEA 2/2022.
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- entity_name: Deacons
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reason: Counsel for the 1st and 2nd respondents in CTEA 2/2022.
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- entity_name: Baker & McKenzie
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reason: Counsel for the 2nd to 4th respondents in CTEA 2/2023.
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- entity_name: Mr Paul Shieh SC
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reason: Counsel for the 2nd to 4th respondents in CTEA 2/2023.
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- entity_name: Mr Jonathan Ng
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reason: Counsel for the 2nd to 4th respondents in CTEA 2/2023.
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- entity_name: Mr Stephen Crosswell, solicitor advocate of Baker & McKenzie
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reason: Counsel for the 2nd to 4th respondents in CTEA 2/2023.
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