The Competition Ordinance has now been in force for over three years. In that time, the Competition Commission has undertaken numerous dawn raids, launched three prosecutions in the Competition Tribunal, received a number of leniency applications and is presently investigating a considerable number of cases that are not yet public. This seminar will review the investigation procedures that are being adopted by the Commission, sharing real life experience on the ground of the techniques and procedures being used, the areas in which actual processes diverge from published guidance and key principles that have been established in judgements from the Competition Tribunal which affect investigation processes.
Stephen is the current Chair of Baker McKenzie's Competition & Antitrust Practice in Asia. Stephen was heavily involved in Legco debate over the Competition Bill, and was, in that time, the Chairman of the Chamber's Legal Committee, closely scrutinising the draft legislation and representing the Chamber in Legco deputations debating the Competition Bill. He was also appointed by the Commission as a Non-Governmental Adviser to the Commission for the International Competition Network in the first round of appointments when the law was being brought into force.
Stephen and his team were involved in one of the first dawn raids conducted in Hong Kong. He has made a number of leniency applications, successfully negotiated one of the first leniency agreements, is engaged in cases involving the Commission's cooperation policy and made the opening legal submissions for one of the parties in the first case to be prosecuted by the Commission in the Competition Tribunal.
Stephen is the only competition specialist in Hong Kong with Solicitor Advocate status, giving him full rights of audience in the Competition Tribunal and the appeal courts, including the Court of Final Appeal.
Stephen's practice covers a broad range of competition law issues in China, Hong Kong and throughout the Asia-Pacific, including competition audits and compliance, competition litigation, competition related judicial review proceedings, access claims, multijurisdictional cartel investigations, merger clearance, collaboration/joint ventures and antitrust advisory. Stephen regularly advises on competition policy matters, including regulated industry negotiations with governments and regulators, deregulation, privatization and state owned enterprises reform.
Stephen advises across a broad range of sectors, including media and telecommunications, government contracts, oil and gas, retail, banking and finance, healthcare, property and ports.
He is consistently recognized as a leading lawyer for competition/antitrust by Chambers Asia and other leading directories. He is also listed in the Guide to the World's Leading Competition & Antitrust Experts, published by Euromoney's Expert Guide group. He wrote the Hong Kong chapters of Sweet & Maxwell's Competition Law in China & Hong Kong, the Oxford University Press Global Antitrust Compliance Handbook and the LexisNexis Modules on Competition Law for Hong Kong.