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The Competition Ordinance (the Ordinance) will fully commence on December 14, 2015.
"I am pleased to announce that the necessary preparatory work for implementing the Ordinance has been completed and that the Ordinance will fully commence tomorrow. Thanks to the hard work of colleagues in the Government, the Judiciary, the Competition Commission (the Commission) and the Communications Authority (the Authority), they are now ready for the full commencement of the Ordinance," said the Secretary for Commerce and Economic Development, Mr Gregory So, today (December 13).
"In the past year, the Commission has stepped up publicity and outreach efforts in order to further raise public awareness of the requirements of the Ordinance. It proactively approached the business sectors so as to facilitate their preparation for compliance with the Ordinance. The transition period from the enactment of the Ordinance in 2012 to the commencement tomorrow was intended to give the public and the business sectors more time to familiarise themselves with the requirements of the Ordinance and make adjustment if needed. I am glad to note that the business sectors have taken action gradually to comply with the Ordinance.
"Guidelines, tool kits, policy documents as well as educational videos have been published to help the public and the business sectors understand, comply with and make complaints under the Ordinance. Members of the public can find the above materials on the Commission's website, and they can also inquire about competition matters or make complaints to the Commission through the website or with the telephone hotline provided by the Commission," added Mr So. The Commission's website can be found at www.compcomm.hk .
The Authority has concurrent jurisdiction with the Commission to enforce the Ordinance in relation to the conduct of undertakings in the broadcasting and telecommunications sectors. Details of the Authority's enforcement of the Ordinance in the two sectors can be found on the Authority's website (coms-auth.hk/). Members of the public can direct their enquiries and complaints in relation to the two sectors to the Authority.
The Ordinance prohibits undertakings from:
(a) making or giving effect to agreements, concerted practices or decisions of an association of undertakings, which have the object or effect to prevent, restrict or distort competition in Hong Kong (the first conduct rule);
(b) abusing their substantial market power by engaging in conduct that has as its object or effect the prevention, restriction or distortion of competition in Hong Kong (the second conduct rule); and
(c) carrying out mergers that have, or are likely to have, the effect of substantially lessening competition in Hong Kong (the merger rule). The merger rule is only applicable to undertakings directly or indirectly holding a carrier licence issued under the Telecommunications Ordinance.
"Hong Kong is committed to promoting sustainable competition in our markets. The commencement of the Competition Ordinance is a significant step towards ensuring that our markets are open and competitive, which will encourage businesses to compete fairly and bring benefits to consumers," Mr So said.
Ends/Sunday, December 13, 2015
Issued at HKT 13:00
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