The Infringement Notice System Under Hong Kong's Competition Law: Using the EU as a Benchmark

Abstract

In late 2019, the then chairperson of the Hong Kong Competition Commission announced that the Commission would start making use of the three-track commitment system besides bringing cases to the court. Soon after, in early 2020, the chairperson’s words were put into action. Among the three tracks, the infringement notice system that applies to severe violations of Hong Kong’s Competition Ordinance is the strictest one. As a first attempt, this article examines the impact on deterrence of Hong Kong’s competition policy if the Commission further utilises the infringement notice system. To assess the deterrence level of Hong Kong’s system, this article uses a comparable system of the European Union – the settlement system – as a benchmark. Based on the observations made, this article offers recommendations to HK legislators and the Commission.

Keywords: Cartel, Infringement Notice, Settlement, Deterrence, Serious Anticompetitive Conduct

JEL Classification: K21, K42