69 lines
2.9 KiB
YAML
69 lines
2.9 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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- 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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case_reason: >
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Applications for leave to appeal decisions regarding: (1) the timing of Kam Kwong applications
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for penalty determination in two competition enforcement actions (CTEA 2/2022 and CTEA 2/2023),
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which the Tribunal directed should be heard together at trial or when all respondents reach
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agreement with the Commission; and (2) disclosure of correspondence relating to cooperation
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agreements between ATAL's employees and the Commission.
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judgment_summary: >
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The Competition Tribunal refused leave to appeal on both applications. The Tribunal held that
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the timing of Kam Kwong applications is a matter of discretion and case management, not raising
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a material point of law. The Commission and ATAL had sought one penalty of HK$150,000,000 in
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both actions, but accepted that one composite judgment imposing one composite fine in two
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proceedings would not be appropriate. The Tribunal directed that Kam Kwong applications in both
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actions be dealt with together after trial or when all respondents reach agreement. The Tribunal
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also refused leave to appeal the disclosure decision, finding no reasonable prospect of success.
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An interim stay was granted on the disclosure decision pending Court of Appeal determination.
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The two proceedings were ordered to be heard together. Costs: 80% payable by the Commission,
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20% by the 1st Respondent to other respondents.
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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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- Kam Kwong applications
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- Pecuniary penalty of HK$150,000,000
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- Cooperation agreements
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- Disclosure of correspondence
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judgment_result:
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- allegation_content: Application for leave to appeal decision on timing of Kam Kwong applications
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established: N
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- allegation_content: Application for leave to appeal disclosure decision
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established: N
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- allegation_content: Application for interim stay of disclosure decision pending Court of Appeal determination
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established: Y
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involved_entities:
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- name: Hon Harris J
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state_reasons: President of the Competition Tribunal who delivered the decision refusing leave to appeal
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- name: Norman NIP SC
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state_reasons: Senior Counsel for the Competition Commission (applicant)
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- name: Abraham Chan SC
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state_reasons: Senior Counsel for ATAL Building Services Engineering Limited (1st respondent)
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- name: Paul Shieh SC
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state_reasons: Senior Counsel for Johnson Controls respondents (2nd to 4th respondents in CTEA 2/2023)
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