61 lines
2.5 KiB
YAML
61 lines
2.5 KiB
YAML
plaintiff:
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- Competition Commission
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defendant:
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- Linde HKO Limited
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- TSE Chun Wah
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- Linde GmbH
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case_reason: >
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Case management conference for directions in a competition enforcement action brought by
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the Competition Commission. The primary issue addressed was the procedure for discovery
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of documents, particularly whether the Respondents should be ordered to make general
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discovery.
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judgment_summary: >
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The Competition Tribunal declined to make an order for the Respondents to make general
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discovery at this time. The court held that the Commission failed to follow proper
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procedure by not filing a summons in Form 2 as required by Rule 8 of the Competition
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Tribunal Rules. The President clarified that there is no presumption that general
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discovery is the norm in enforcement actions. The Commission must justify any discovery
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order by explaining what documents or categories of documents it seeks, their relevance
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to the issues, and why discovery is justified given the Commission's investigatory
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powers. The Commission offered to make general discovery of all documents in its
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possession relevant to the issues. If the Commission wishes to pursue a discovery
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application, it must formulate it properly in line with the court's observations.
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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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- Discovery of documents
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- General discovery order
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- Documents obtained through investigatory powers
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judgment_result:
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- allegation_content: Application for Respondents to make general discovery
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established: N
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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 heard the case management conference and delivered the decision
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- name: Mr Jin Pao SC
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state_reasons: Senior Counsel instructed by Eversheds Sutherland representing the Competition Commission (applicant)
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- name: Mr Timothy Parker
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state_reasons: Counsel instructed by Eversheds Sutherland representing the Competition Commission (applicant)
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- name: Ms Eva Sit SC
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state_reasons: Senior Counsel instructed by Linklaters representing the 1st respondent (Linde HKO Limited)
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- name: Mr Joshua Chan
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state_reasons: Counsel instructed by Linklaters representing the 1st respondent (Linde HKO Limited)
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- name: Mr Nigel Francis
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state_reasons: Counsel of YTL LLP representing the 2nd respondent (TSE Chun Wah)
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- name: Mr Carter Chim
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state_reasons: Counsel instructed by Linklaters representing the 3rd respondent (Linde GmbH)
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