Unilateral conduct

Unilateral conduct by non-dominant firms

Are there any rules applying to the unilateral conduct of non-dominant firms?

Prior to implementation of the CO, firms operating in Hong Kong’s broadcasting and telecommunications sectors were subject to provisions in the TO and the BO that prohibited a licensee from engaging in conduct that has the purpose or effect of preventing or substantially restricting competition in a telecommunications market (section 7K of the TO) and the television programme service market (section 13 of the BO), respectively.

These sector-specific provisions were repealed by the CO. The conduct of telecommunications and broadcasting licensees after 14 December 2015 is now subject only to the SCR and not the TO or BO. However, pursuant to sections 3 and 4 of Schedule 9 to the CO, alleged conduct that took place (in whole or in part) prior to 14 December 2015, and that would otherwise have been regulated by section 7K of the TO or section 13 of the BO, may be investigated by the CA under the provisions of the BO or TO as if those sections had not been repealed.