The Competition Tribunal (“the Tribunal”) is a superior court of record set up by the Competition Ordinance, Cap 619 (“CO”) to deal with legal proceedings concerning competition matters.
Constitution of the Competition Tribunal
The Tribunal is headed by a President and a Deputy President.
They are judges of the Court of First Instance (“CFI”). All other CFI
judges are members of the Tribunal.
Specially qualified persons may
be appointed as assessors to assist
the Tribunal to dispose of any proceedings.
An application to the Tribunal
may be heard and determined by a
Tribunal constituted by any of the following—
- (a) the President;
- (b) the President and one or more other members appointed by the President; or
- (c) one or more other members appointed by the President.
The Tribunal has jurisdiction to hear and determine:
- (a) applications made by the Competition Commission or Communications Authority (“the Commission”) with regard to alleged contraventions, or alleged involvements in contraventions,
of the competition rules;
- (b) applications for the review of reviewable determinations;
- (c) private actions in respect of contraventions, or involvements in contraventions, of the conduct rules;
- (d) allegations of contraventions, or involvements in contraventions, of the conduct rules raised as a defence;
- (e) applications for the disposal of property;
- (f) applications for the enforcement of commitments;
- (g) any matter related to a matter referred to in paragraph (a), (b), (c), (d), (e) or (f) if the matters arise out of the same or
substantially the same facts; and
- (h) cases transferred from the CFI.
The Tribunal in the exercise of its jurisdiction has the same
jurisdiction to grant remedies and reliefs, equitable or legal, as the
CFI. Further, with respect to all matters necessary for the exercise
of its jurisdiction, it has all the powers, rights and privileges of the CFI.
The Registrar of the Tribunal (“the Registrar”) may exercise the
same powers and perform the same duties, in so far as they are
applicable to the business and proceedings of the Tribunal, as the
Registrar of the High Court.
The Registrar also has power to transact all the business and
exercise all the authority and jurisdiction that under the CO or the Competition Tribunal Rules (“the CTR”) may be transacted and
exercised by a member of the Tribunal in chambers.
Practice and Procedure
The CTR and Competition Tribunal Practice Direction (“the CTPD”) No.1 and No.2 govern the practice and procedure in the Tribunal.
Where the CO and CTR make no provision for a matter, the Rules
of High Court (“RHC”) apply to all proceedings, so far as they may
be applicable to that matter.
As provided in section 144(1) of the CO, the Tribunal
may follow the practice and procedure of the CFI.
The general principles and concepts of the civil procedure of the CFI are relevant
in proceedings before the Tribunal.
The Tribunal may, in a particular case, dispense with the application
of the RHC if the Tribunal considers that doing so (a) will enable
the Tribunal to conduct its proceedings expeditiously with as much
informality as is consistent with attaining justice; (b) will save costs
and is consistent with attaining justice; or (c) is otherwise in the
interests of justice.
The relevant legislation and practice directions can be found at the
Tribunal website: www.comptribunal.hk/.
Cases heard by the Tribunal
There are four main types of proceedings before the Tribunal.
1. Application to review a reviewable determination
The Tribunal is empowered to review reviewable determinations
under section 83 of the CO of the Commission.
Leave however must be obtained from the Tribunal before a
review can be made.
A person who is not a party to a reviewable determination but
has sufficient interest in it may apply to review the reviewable
2. Enforcement Proceedings
Applications to enforce commitment under part 4 of the CO and
part 4 of the CTR fall under this category.
3. Follow-On Actions
These are proceedings by persons who have suffered loss or
damage as a result of any act that has been determined to be
a contravention of a conduct rule, against (a) any person who
has contravened or is contravening the rule; and (b) any person
who is, or has been, involved in that contravention.
4. Transferred Proceedings
These are cases commenced in the CFI that are within the
jurisdiction of the Tribunal and are transferred to the Tribunal
under sections 113(1) or 113(3) of the CO.
Commencement of Proceedings
All proceedings before the Tribunal
must be commenced by filing
an originating document in specified form in the Schedule
to the CTR (“the Schedule”). A fee of HK$1,045 is payable upon
filing an originating document.
|Nature of Application
||Form to be used
|An application for leave to apply for a review
of a reviewable determination under section 84(2)
of the CO
|An application for enforcement of a commitment
under section 63 of the CO
|An application for enforcement before the
Tribunal under Part 6 of the CO
|An application for an order imposing a
financial penalty under section 169 of the CO
|A disqualification application under section 101
of the CO
|A follow-on action under section 110 of the CO
The forms can be downloaded from the Tribunal website. Copies
are also available at the Registry of the Tribunal (“the Registry”).
For further information on application to review a reviewable
determination, please refer to the leaflet entitled Review of
For further information on commencement of follow-on actions,
please refer to the leaflet entitled Follow-on Action.
All interlocutory applications to the Tribunal must be made by filing
a summons in Form 2 in the Schedule unless otherwise provided
in the CTR or the Tribunal otherwise directs. The form can be
downloaded from the Tribunal website. Copies are also available at
Interlocutory applications may be heard by the Registrar or a member of the Tribunal.
Upon filing the originating application
in the following types of proceedings, the applicant or plaintiff is required to lodge a case
summary of the proceedings with the Registrar
- (a) application for a review of a reviewable determination under section 84(1) of the CO;
- (b) application for the enforcement of a commitment under section 63 or for the enforcement of competition rules under sections
92(1), 94(1), 97(1) or 99(1) of the CO; and
- (c) a follow-on action brought in the Tribunal under section 110(1) of the CO.
A party who has obtained an order for the transfer of proceedings
in the CFI to the Tribunal is also required to lodge a case summary
with the Registrar.
The case summary must state:
- (a) the names of the parties;
- (b) the nature of the application;
- (c) the grounds of the application;
- (d) the particulars of the relief sought; and
(e) if the application is made under section 84 of the CO
- (i) the determination to which the application relates; and
- (ii) the person by, and against, whom the application is made.
The Registrar will, based on the case summary, prepare and publish
the notice of application or proceedings pursuant to rule 19 of the
The Commission or a person who has sufficient interest in the
matters to which any proceedings relate may apply for leave to
intervene in the proceedings.
An application to intervene must be made by filing an application
in Form 3 in the Schedule. The form can be downloaded from the
Tribunal website. Copies are also available at the Registry.
Application can be made for confidential treatment of information
under rule 37 of the CTR. Please also refer to CTPD No.2.
However, whether particular information is to be regarded as
confidential and to be accorded confidential treatment is a matter for
the Tribunal to decide in the circumstances of the individual case.
Mediation is a process through which a mediator will assist the
parties to reach settlement for their disputes. Experience has
shown that this is a cheaper, more effective and faster process for
resolution of disputes.
Parties to follow-on actions are particularly encouraged to consider
and, where appropriate, adopt alternative methods of dispute
resolution, such as mediation.
Further information may be obtained from the Integrated Mediation Office of the Judiciary at Room 113, 1/F, Wanchai Tower, 12 Harbour Road, Wanchai, Hong Kong.
A party can act in person or engage a lawyer to act on his behalf.
However, if a party is a body corporate and intends to be represented
by one of its directors in the proceedings, leave from the Tribunal
is required. For further details, please refer to section 1.7, Leaflet
entitled Follow-on Action.
In an appropriate case, a party may be represented by any other
person with the leave of the Tribunal.
Legal aid is not available to proceedings in the Tribunal.
Hearing in public
All proceedings before the Tribunal are open to the public unless the
Tribunal otherwise directs.
Inspection of Competition Tribunal documents
A party is entitled to inspect and obtain a copy of the originating document filed and the judgment or order made by the Tribunal on
payment of the prescribed fee. As to other documents, leave from the Tribunal must be obtained.
Subject to any order for confidential treatment, any other person may inspect and obtain a copy of the originating document filed
and the judgment or order made by the Tribunal on payment of the prescribed fee. As to other documents, leave from the Tribunal must
Please also refer to rules 55 and 56 of the CTR and paragraphs 8 to 10 of the CTPD No.2.
Appeal against decision etc. of a member of the Tribunal
Subject to section 154(2) and section 155 of the CO, an appeal lies
as of right to the Court of Appeal against any decision (including
a decision as to the amount of any compensatory sanction or
pecuniary penalty), determination or order of the Tribunal.
For interlocutory decision, determination or order (except those
specified under rule 44 of the CTR where appeal lies as of right),
leave to appeal is required by the Court of Appeal or the Tribunal. The
leave application must be made to the Tribunal in the first instance
within 14 days from the date of the decision, determination or order
unless the Court of Appeal allows the application for leave to be
made direct to the Court of Appeal under Order 59, rule 2BA(2) of
Appeal against decision etc. of the Registrar
A party may appeal against any interlocutory decision, determination
or order of the Registrar to a member of the Tribunal as of right. The
appeal must be brought by filing a notice in Form 6 in the Schedule
within 14 days after the day on which the interlocutory decision,
determination or order is made. (The form can be downloaded from
the Tribunal website and is also available at the Registry). A copy
of the notice must be served on every other party within 5 days after
the day on which the notice is filed.
An appeal lies to the Court of Appeal against any decision,
determination or order (other than an interlocutory decision,
determination or order) of the Registrar given or made—
- (a) on the hearing or determination of any cause, matter, question
or issue tried before the Registrar under Order 14, rule 6(2) and
Order 36, rule 1 of the RHC;
- (b) on an assessment of damages under Order 37 of the RHC or
- (c) on the hearing or determination of an application under Order
49B of the RHC: or
- (d) on the hearing or determination of a disqualification application
mentioned in rule 78(2)(b) or an application under rule 83 or 84.
Rules of evidence
In proceedings under the CO, other than proceedings in which an
order for a pecuniary penalty or a financial penalty is being sought,
the Tribunal is not bound by the rules of evidence and may receive
and take into account any relevant evidence or information, whether
or not it would be otherwise admissible in a court of law.
Use of Language
The Tribunal may use either or both of the official languages in any
proceedings or part of any proceedings.
Execution of Judgment
If a party has obtained a judgment but the judgment debtor fails to
obey the order, the judgment creditor may apply to the Tribunal to
enforce the judgment. The bailiff will levy execution on the property
of the defendant in order to recover judgment. For further details,
please refer to the “Bailiff Section” booklet available from the
Registry or the Bailiff Section.
Competition Tribunal Registry
Address: Room LG343, LG3, High Court Building, 38 Queensway, Hong Kong
Telephone: 2825 0426
Facsimile: 2487 5509
Address: LG2, High Court Building, 38 Queensway, Hong Kong
Telephone: 2825 4275
Facsimile: 2596 0512
No Legal Advice
In order to maintain the impartial role of the Judiciary, our staff members at the Registry or the Integrated Mediation Office will not provide any legal advice or offer any comment on the conduct or merits of specific cases and proceedings.
Please consult a lawyer or approach free legal advisory bodies for assistance if you require legal advice or assistance.
|Monday to Friday
||8:45 a.m. to 1:00 p.m.
||2:00 p.m. to 5:30 p.m.
(Closed on Saturdays, Sundays and Public Holidays)
What are the arrangements of the Tribunal in case of bad weather?
Please refer to Typhoon and Rainstorm Warning Arrangements in the Tribunal website www.comptribunal.hk/ or radio/television announcements of the same.