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.

The Competition Commission (“the Commission”) is an independent statutory body set up by the CO. One of its main functions is to investigate conduct that may contravene the competition rules of the CO and enforce the provisions of the CO.

The Tribunal has jurisdiction to hear and determine applications and matters as mentioned in section 142 of the CO.

The Competition Tribunal Rules (“CTR”) and Competition Tribunal Practice Direction (“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.

The CO, CTR, CTPDs and RHC can be found under Legislation & Court Rules.

Please refer to the Leaflet “Follow-on action”. The leaflet is also available at the Registry of the Tribunal (“Registry”).

Please refer to the Leaflet “Reviewing a Reviewable Determination”. The leaflet is also available at the Registry.

No. Legal aid is not available to the proceedings in the Tribunal.

Yes. Parties to follow-on actions are particularly encouraged to consider and, where appropriate, adopt alternative methods of dispute resolution, such as mediation.

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.

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.

They can be found under Forms. Copies are also available at the Registry.

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 of the Tribunal (“the Registrar”)

1. application for a review of a reviewable determination under section 84(1) of the CO;
2. 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
3. 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:

1. the names of the parties;
2. the nature of the application;
3. the grounds of the application;
4. the particulars of the relief sought; and
5. if the application is made under section 84 of the CO
   1. the determination to which the application relates; and
   2. 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 CTR.

Pursuant to rule 19 of the CTR, the Registrar must publish notice of application or proceedings with such particulars as required by the rule. The public will have the basic information to consider making application to intervene.

A person (other than the Commission) who has a sufficient interest in the matters to which any proceedings relate may apply for leave to intervene in the proceedings.

The Commission may also apply for leave to intervene under section 120(3) of the CO.

An application to intervene must be made by filing an application in Form 3 in the Schedule.

Yes. 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.

Please refer to Section 8, Leaflet entitled Follow-on action. The leaflet is 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.

An application to the Tribunal may be heard and determined by a Tribunal constituted by any of the following:

1. the President;
2. the President and one or more other members appointed by the President; or
3. one or more other members appointed by the President.

The Tribunal may also appoint one or more specially qualified assessors and may dispose of the proceedings, wholly or in part, with the assistance of such assessor or assessors.

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.

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 be obtained.

Please also refer to rules 55 and 56 of the CTR and paragraphs 8 to 10 of the CTPD No.2.

Yes. All proceedings before the Tribunal are open to the public unless the Tribunal otherwise directs.

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.

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.

Please also refer to rule 44 of the CTR.

The Tribunal is situated at the High Court Building, 38 Queensway, Hong Kong.

No. While the Tribunal is situated at the High Court Building, it is not a part of the High Court.

Business Hours

Please refer to Contact Us.

Please refer to Typhoon and Rainstorm Warning Arrangements or radio/ television announcements of the same.