The Competition Tribunal in the recent case of  Competition Commission v. W. Hing Construction Company Limited & Ors [2018] HKCT 6 exercised robust case management power.

It dismissed the 4th Respondent’s last minute application at the PTR for what was “virtually a wholesale substitution” of the original pleaded Response and the introduction of three proposed new witness statements in support of the new case.

The Tribunal held that notwithstanding the proceedings are an enforcement action which is not entirely the same as ordinary civil litigation, the public interest in maintaining the integrity of the litigation process is no less important in the Tribunal than in cases in the High Court.

Connie Lee and Tommy Cheung are acting for the 9th Respondent in this second enforcement action brought by the Competition Commission for alleged contravention of the first conduct rule in the form of market sharing and price-fixing.

The trial of the action will take place as from 26 November 2018 to 20 December 2018.  Connie Lee and Tommy Cheung will be appearing for the 9th respondents at the trial.

For more on where Competition law might be headed, take a look at Connie’s one-on-one interview on the changing landscape.

 

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Posted by Des Voeux Chambers

Des Voeux Chambers is a leading set of Chambers based in Hong Kong with an illustrious history dating back over 30 years. Building on its history, and its Tier 1 reputation, its Members have cultivated a reputation for combining intellectual rigour with effective advocacy. As one of the largest sets of Chambers in HK, DVC is home to over 70 astute legal minds, many of whom have spearheaded groundbreaking cases. Helmed by John Scott QC, SC, DVC houses 17 Members who have been called to the Inner Bar and appointed Queens Counsel & Senior Counsel in HK and elsewhere. DVC houses leading specialists in administrative & public law, arbitration & mediation, building & construction, chancery, commercial law, company law & insolvency, competition law, employment & anti-discrimination law, family law, intellectual property, international trade, land & planning, securities law and tax law. This broad range of expertise makes DVC a convenient one-stop shop for nearly all areas of civil and commercial advisory, as well as dispute resolution including mediation. DVC's barristers handle cases which raise multiple issues in more than one field, making members agile and adept at responding to clients’ needs. Given that members hail from different jurisdictions, DVC’s barristers are multilingual and are accustomed to working with different time zones.

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