Competition Law in Hong Kong 2nd Edition is an essential guide for corporate executives, legal practitioners, and compliance officers navigating the increasingly complex competition landscape in Hong Kong and beyond. Since the enactment of Hong Kong’s competition law a decade ago, enforcement has intensified, and the consequences of non-compliance are no longer just financial—they are personal. A landmark settlement has resulted in a HK$150 million fine. At the same time, a recent case saw an individual sentenced to two months in prison for obstructing an investigation by the Hong Kong Competition Commission. Even businesses and persons facilitating the exchange of commercially sensitive information have been caught proving that all companies - large or small - and persons need to be concerned. However, competition law does not stop at Hong Kong’s borders. Merger filings, cross-border cartel enforcement, and multi-jurisdictional regulatory collaboration mean international businesses must stay ahead of evolving compliance risks. In some jurisdictions, penalties far exceed those in Hong Kong, making a robust compliance strategy critical. The Hong Kong Competition Commission is now working with local authorities and international regulators, conducting dawn raids, seizing personal devices, and escalating enforcement efforts, including examining individuals.


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Competition Law in Hong Kong 2nd Edition is an essential guide for corporate executives, legal practitioners, and compliance officers navigating the increasingly complex competition landscape in Hong Kong and beyond.


Since the enactment of Hong Kong’s competition law a decade ago, enforcement has intensified, and the consequences of non-compliance are no longer just financial—they are personal. A landmark settlement has resulted in a HK$150 million fine. At the same time, a recent case saw an individual sentenced to two months in prison for obstructing an investigation by the Hong Kong Competition Commission. Even businesses and persons facilitating the exchange of commercially sensitive information have been caught proving that all companies - large or small - and persons need to be concerned.


However, competition law does not stop at Hong Kong’s borders. Merger filings, cross-border cartel enforcement, and multi-jurisdictional regulatory collaboration mean international businesses must stay ahead of evolving compliance risks. In some jurisdictions, penalties far exceed those in Hong Kong, making a robust compliance strategy critical.


The Hong Kong Competition Commission is now working with local authorities and international regulators, conducting dawn raids, seizing personal devices, and escalating enforcement efforts, including examining individuals.


Topics Covered:

  • Introduction
  • The Fist Conduct Rule
  • Competition Law Development
  • The Second Conduct Rule
  • The Merger  Rule Guideline
  • Investigation and Related Matters Undertakings
  • Establishing a Compliance Management Framework
  • Detailed Analysis of the Ordinance, Conduct Rules, Enforcement & Leniency
  • Key Principles and Concepts in Competition Law
  • Economic Policy, Development of Competition and the Enactment of Competition Law


Authors:

Mr Mohan Datwani is a solicitor with almost 35 years of experience.

Mr Datwani was an owner of a renowned US international law firm, where he was responsible for initiating a book, carrying out management duties, and engaging in transactional, advisory, and litigation work in Hong Kong and the US with his team. His work included investigating, unravelling, and obtaining a multi-billion-dollar judgment in an international fraud case, among other market transactions involving non-performing loan portfolio sales and major infrastructure and real estate development projects.

Mr Datwani joined a client as general counsel and senior management of a publicly traded firm. He managed multi-national operations, including governance and cultural challenges. He then promoted good governance based on his practical experiences, business acumen, and legal knowledge. He is currently the Deputy Chief Executive of The Hong Kong Chartered Governance Institute (HKCGI), with about 10,000 Chartered Secretaries, Chartered Governance Professionals, and students in Hong Kong and China.

Mr Datwani, a thought leader, develops practical advice and research to advance good governance. Additionally, as a member of the global governance profession, he collaborates with the Chartered Governance Institute (CGI), where HKCGI originates, on research projects and contributes to global thought leadership initiatives.

In order to offer viewpoints on law, governance, and management in the public sector, Mr Datwani also served on many government boards. He was honoured as a Director of the Year (2018) by the Hong Kong Institute of Directors for his efforts with the Equal Opportunities Commission.

 

 

 

 

 

 

 

 

 

 

 

 

 

Dr. Angus Young BA, BA (hon.), MCA (with distinction), MLS, PhD, PGDip., PGCert., PGCert, ICCP, F Fin, CRP, FCPA (Aust), FHEA, MCSI

Angus is an active researcher, having had authored and co-authored over 180 articles, books, book chapters, news articles and more on AI, data protection, ESG, corporate governance, company & securities laws, insolvency, financial services regulations, fintech, banking law, insurance law, financial crimes, competition law, & legal education. His contributions to the field of compliance and the profession had been recognized with two awards by the Australian Compliance Institute including the Honorary Fellow Award and a joint recipient for the Brian Sharpe Memorial Essay Award in 2014. And earlier an Honorary Mention for Honorary Fellow Award in 2009.

He has a multi-disciplinary academic background with 8 undergraduate and postgraduate degrees (including a PhD) in Law, Economics, Politics and Criminology. Completed 5 professional training courses in Freight Forwarding, Compliance, Governance, ADR, and Higher Education, as well as 5 executive education courses in FinTech, Digital Transformation, Circular Economy, Leadership and Blockchain. He is also Fellow of CPA (Aust), Fellow of FINSIA, Fellow of Advance HE, Member of Australian Compliance Insitute (Int’l Cert. Compliance & Risk Prof.), Member of CISI, and Member of HKIB.

Currently, he is Programme Director, LLM (T&IPL), Deputy Programme Director, LLM (CFL), Deputy Director, Exchange (Incoming) and Senior Lecturer at the Faculty of Law, University of Hong Kong. Concurrently, Distinguished Research Fellow at the German-Sino Institute of Legal Studies, Nanjing University, Honorary Fellow at the Asian Institute of International Financial Law, University of Hong Kong, Institutional Markets Industry Council Member at FINSIA, National Advisory Council Member & Education Officer Greater Bay Area, China and Disciplinary Panel Member (UK) at the Chartered Institute of Securities & Investment, Publication Sub-committee Member at the Hong Kong Institute of Bankers, Technical Consultation Panel Member at the Hong Kong Chartered Governance Institute, Editorial Advisor to Ninehills Media Ltd for Banking Today, as well as Editorial Board Member of the International Corporate Rescue, the International Company and Commercial Law Review and LexisNexis Hong Kong Practical Guidance.

Previously, Angus has taught in several universities in Australia, New Zealand and Hong Kong, as well had visiting appointments at the School of Law, University of Glasglow; UCD Sutherland School of Law, University College Dublin; School of International Law, Southwest University of Political Science & Law; and KoGuan Law School, Shanghai Jiao Tong University.