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The Competition Tribunal Exercising Firm Grip On Case Management Powers

2 Nov 2018

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.