Competition Ordinance/Schedule 3

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Orders that may be Made by Tribunal in Relation to Contraventions of Competition Rules

1. Orders

The Tribunal may make the following orders with respect to a contravention of the competition rules—

(a) a declaration that a person has contravened a competition rule;

(b) an order restraining or prohibiting a person from engaging in any conduct that constitutes the contravention or the person’s involvement in the contravention;

(c) an order requiring a person who has contravened a competition rule or been involved in the contravention to do any act or thing, including the taking of steps for the purpose of restoring the parties to any transaction to the position in which they were before the transaction was entered into;

(d) an order restraining or prohibiting a person from acquiring, disposing of or otherwise dealing with any property specified in the order;

(e) an order requiring a person to dispose of such operations, assets or shares of any undertaking specified in the order, in the manner specified in the order;

(f) an order appointing a person to administer the property of another person;

(g) an order prohibiting a person from making or giving effect to an agreement;

(h) an order requiring the parties to an agreement (the making or giving effect to which constitutes the contravention of the competition rules) to modify or terminate that agreement;

(i) an order declaring any agreement (the making or giving effect to which constitutes the contravention of the competition rules) to be void or voidable to the extent specified in the order;

(j) an order prohibiting the withholding from any person of—

(i) any goods or services; or

(ii) any orders for any such goods or services;

(k) an order requiring a person to pay damages to any person who has suffered loss or damage as a result of the contravention;

(l) an order prohibiting requiring as a condition of the supply of goods or services to any person—

(i) the buying of any goods or services;

(ii) the making of any payment in respect of goods or services other than the goods or services supplied; or

(iii) the doing of any other similar thing or the refraining from doing of anything mentioned in subparagraph (i) or (ii) or any other similar thing;

(m) an order prohibiting a person from exercising any right to vote that is exercisable by virtue of the holding of any shares, stock or securities;

(n) an order requiring that any person or class of person be given access to goods, facilities or services specified in the order on the terms specified in the order;

(o) an order requiring that any person or class of person be given the right to use goods, facilities or services specified in the order on the terms specified in the order;

(p) an order requiring any person to pay to the Government or to any other specified person, as the Tribunal considers appropriate, an amount not exceeding the amount of any profit gained or loss avoided by that person as a result of the contravention; or

(q) for the purpose of securing compliance with any other order made under this section, an order requiring any person who has contravened or been involved in the contravention to do or refrain from doing anything specified in the order.

2. Registration of orders relating to immovable property

If any property specified in an order made under section 1(d ) of this Schedule is immovable property, the order is, for the purpose of the Land Registration Ordinance (Cap. 128)—

(a) to be regarded as an instrument affecting land; and

(b) registrable, as an instrument affecting land, in the Land Registry under that Ordinance in any manner the Land Registrar considers appropriate.

3. Interpretation

In section 1(j) of this Schedule, a reference to “withholding” includes—

(a) agreeing or threatening to withhold; and

(b) procuring others to withhold or to agree or threaten to withhold.