- (c) the circumstance in which the conduct took place; and
- (d) whether the person has previously been found by the Tribunal to have contravened this Ordinance.
(3) The amount of a pecuniary penalty imposed under subsection (1) in relation to conduct that constitutes a single contravention may not exceed in total—
- (a) subject to paragraph (b), 10% of the turnover of the undertaking concerned for each year in which the contravention occurred; or
- (b) if the contravention occurred in more than 3 years, 10% of the turnover of the undertaking concerned for the 3 years in which the contravention occurred that saw the highest, second highest and third highest turnover.
(4) In this section—
“turnover” (營業額) means the total gross revenues of an undertaking obtained in Hong Kong;
“year” (年度) means the financial year of an undertaking or, if the undertaking does not have a financial year, a calendar year.
Division 3—Other Orders
94. Other orders of Tribunal
(1) If the Tribunal is satisfied that a person has contravened, or been involved in a contravention of a competition rule, it may (whether or not it makes an order under section 93 imposing a pecuniary penalty), either of its own motion or on application made for this purpose, make any order it considers appropriate against that person, including all or any of the orders specified in Schedule 3.
(2) An application for an order under subsection (1) may not be made—
- (a) in the case of an application with respect to a contravention of the merger rule, more than 6 months after the day on which the merger was completed or the Commission became aware of the merger, whichever is the later; or
- (b) in the case of an application with respect to a contravention of a conduct rule, more than 5 years after the day on which the contravention ceased or the Commission became aware of the contravention, whichever is the later.
(3) Despite subsection (2)(a), the Tribunal may, on application made before the expiry of the period referred to in that subsection, extend the period within which an application under subsection (1) may be made with respect to a contravention of the merger rule if the Tribunal considers it reasonable to do so.
