20. Variation or revocation of block exemption order
(1) If the Commission considers that it is appropriate to do so, after reviewing a block exemption order, it may issue an order varying or revoking the block exemption order with effect from a date specified in the order.
(2) Before varying or revoking a block exemption order, the Commission must—
- (a) in order to bring the proposed variation or revocation to the attention of those the Commission considers likely to be affected by it, publish notice of the proposed variation or revocation—
- (i) through the Internet or a similar electronic network; and
- (ii) in any other manner the Commission considers appropriate; and
- (b) consider any representations about the proposed variation or revocation that are made to the Commission.
(3) A notice under subsection (2) must specify the period within which representations may be made to the Commission about the proposed variation or revocation.
(4) The period specified for the purpose of subsection (3) must be a period of at least 30 days beginning after the day on which the notice is first published.
(5) An order made under this section—
- (a) must specify the date on which it is to have effect; and
- (b) may contain any transitional and savings provisions the Commission considers necessary or expedient.
Division 2—Abuse of Market Power
Subdivision 1—Second Conduct Rule
21. Abuse of market power
(1) An undertaking that has a substantial degree of market power in a market must not abuse that power by engaging in conduct that has as its object or effect the prevention, restriction or distortion of competition in Hong Kong.
(2) For the purpose of subsection (1), conduct may, in particular, constitute such an abuse if it involves—
- (a) predatory behaviour towards competitors; or
- (b) limiting production, markets or technical development to the prejudice of consumers.
