Competition law second conduct rule

  • What is the first conduct rule in competition law?

    First Conduct Rule The First Conduct Rule governs arrangements both between competitors and undertakings at different levels of the supply chain.
    This rule applies where the Commission demonstrates an agreement has either an anti-competitive object or an anti-competitive effect..

  • What is the merger rule of the competition ordinance?

    Mergers and acquisitions in the telecommunications sector.
    The Merger Rule of the Competition Ordinance prohibits mergers and acquisitions that have, or are likely to have, the effect of substantially lessening competition in Hong Kong..

  • What is the role of competition commission?

    The Commission has the mandate to investigate all competition concerns as envisaged by the Act.
    These include restrictive practices, abuse of dominance, exemptions from the application of the Act and mergers and acquisitions..

  • What is the second conduct rule of competition law?

    Second Conduct Rule
    Section 21(2) of the Ordinance provides that an undertaking that has a substantial degree of market power must not abuse that power by engaging in conduct that has the object or effect of preventing, restricting and distorting competition in Hong Kong..

  • What is the second conduct rule of the competition ordinance?

    4.
    Second Conduct Rule.
    Section 21(2) of the Ordinance provides that an undertaking that has a substantial degree of market power must not abuse that power by engaging in conduct that has the object or effect of preventing, restricting and distorting competition in Hong Kong..

  • Secondly, competition law acts as a shield against exploitative practices, safeguarding consumers from unjust price manipulation and subpar products.
    With India's diverse consumer base, this protection ensures that every individual receives quality products and services at reasonable prices.
The Competition Commission's approach to defining the relevant market (which also applies to the First Conduct Rule and the Merger Rule). Guidance on how to 
The Second Conduct Rule prohibits businesses with a substantial degree of market power from abusing that power by engaging in conduct that has the object or effect of harming competition in Hong Kong.
The Second Conduct Rule targets businesses with a substantial degree of market power in abusing that power with a view to protecting or increasing their position of power and profits. Competition law is not concerned with the mere possession of substantial degree of market power.
The Second Conduct Rule prohibits businesses with a substantial degree of market power from abusing that power by engaging in conduct that has the object or 

Do competition rules apply to a person under Section 4?

7.3 Section 4 of the Ordinance provides that the competition rules (including:

  • the Second Conduct Rule) do not apply to persons specified in a regulation made by the Chief Executive in Council under section 5 of the Ordinance or to persons engaged in activities specified in such a regulation.

    • Leniency

    The Commission has adopted policies encouraging parties to cooperate with its investigations in return for a reduction of sanctions.
    These policies are mainly available to parties participating in cartel conduct, such as price-fixing, market sharing or bid-rigging.
    They differ depending on whether a party is the first to assist the Commission.
    Immu.

    What is the effect of a competition law guideline?

    The Guideline is not, however, a substitute for the Ordinance and does not have binding legal effect.
    The Competition Tribunal (the “Tribunal”) and other courts are responsible ultimately for interpreting the Ordinance.
    The Commission’s interpretation of the Ordinance does not bind them.

    What is the first conduct rule in Hong Kong?

    The First Conduct Rule prohibits undertakings from making, giving effect to or engaging in agreements, concerted practices or decisions with the object or effect of preventing, restricting or distorting competition in Hong Kong.

    What is the second conduct rule?

    1.13 As the Second Conduct Rule only applies to undertakings with a substantial degree of market power, undertakings within scope of the rule are prohibited from engaging in conduct which, objectively, undertakings without a substantial degree of market power are free to engage in.


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