6. Matters that may be considered in determining whether competition substantially lessened
Without limiting the matters that may be taken into account in determining whether a merger has, or is likely to have, the effect of substantially lessening competition in Hong Kong, the following matters may be taken into consideration in any such determination—
- (a) the extent of competition from competitors outside Hong Kong;
- (b) whether the acquired undertaking, or part of the acquired undertaking, has failed or is likely to fail in the near future;
- (c) the extent to which substitutes are available or are likely to be available in the market;
- (d) the existence and height of any barriers to entry into the market;
- (e) whether the merger would result in the removal of an effective and vigorous competitor;
- (f) the degree of countervailing power in the market; and
- (g) the nature and extent of change and innovation in the market.
PART 3
Investigations
7. Time limit for commencement of investigation of merger
(1) Despite section 39 (Power to conduct investigations), the Commission may only commence an investigation of a merger within 30 days after the day on which the Commission first became aware, or ought to have become aware, that the merger has taken place.
(2) The Commission is to be taken to have become aware that a merger has taken place if it has been notified, in accordance with guidelines issued under this Schedule, of that fact by one of the parties to the merger.
(3) If the Commission—
- (a) has made a decision under section 13 of this Schedule that a merger or proposed merger is or would be excluded from the application of the merger rule or this Schedule; and
- (b) has rescinded that decision,
the date on which the Commission became aware that the merger has taken place is to be taken to be the date of the rescission of its decision.
