### Competition Ordinance 《競爭條例》

6. Prohibition of anti-competitive agreements, concerted practices and decisions
(1) An undertaking must not—
(a) make or give effect to an agreement;
(b) engage in a concerted practice; or
(c) as a member of an association of undertakings, make or give effect to a decision of the association,
if the object or effect of the agreement, concerted practice or decision is to prevent, restrict or distort competition in Hong Kong.
(2) Unless the context otherwise requires, a provision of this Ordinance which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a concerted practice and a decision by an association of undertakings (but with any necessary modifications).
(3) The prohibition imposed by subsection (1) is referred to in this Ordinance as the first conduct rule.

7. Object

8. Territorial application of first conduct rule
The first conduct rule applies to an agreement, concerted practice or decision that has the object or effect of preventing, restricting or distorting competition in Hong Kong even if—
(a) the agreement or decision is made or given effect to outside Hong Kong;
(b) the concerted practice is engaged in outside Hong Kong;
(c) any party to the agreement or concerted practice is outside Hong Kong; or
(d) any undertaking or association of undertakings giving effect to a decision is outside Hong Kong.

9. Application for decision
(1) An undertaking that has made or given effect to, is giving effect to or is proposing to make or give effect to an agreement may apply to the Commission for a decision as to whether or not the agreement is—
(a) excluded from the application of the first conduct rule by or as a result of Schedule 1;
(b) exempt from the application of the first conduct rule by virtue of a block exemption order issued under section 15;
(c) exempt from the application of the first conduct rule by virtue of an order of the Chief Executive in Council made under section 31 (Exemptions on public policy grounds) or section 32 (Exemption to avoid conflict with international obligations); or
(d) excluded from the application of this Part by virtue of section 3 (Application to statutory bodies) or section 4 (Application to specified persons and persons engaged in specified activities).
(2) The Commission is only required to consider an application under this section if—
(a) the application poses novel or unresolved questions of wider importance or public interest in relation to the application of exclusions or exemptions under this Ordinance;
(b) the application raises a question of an exclusion or exemption under this Ordinance for which there is no clarification in existing case law or decisions of the Commission; and
(c) it is possible to make a decision on the basis of the information provided.
(3) The Commission is not required to consider an application under this section if the application concerns hypothetical questions or agreements.

### Competition Ordinance 《競爭條例》

10. Consideration of application
(1) Before making a decision on an application made under section 9, the Commission must—
(a) in order to bring the application to the attention of those the Commission considers likely to be affected by the decision, publish notice of the application—
(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 application that are made to the Commission.
(2) A notice under subsection (1) must specify the period within which representations may be made to the Commission about the application.
(3) The period specified for the purpose of subsection (2) must be a period of at least 30 days beginning after the day on which the notice is first published.

11. Decision by Commission
(1) After considering the representations, if any, made within the period referred to in section 10, the Commission may make a decision as to whether or not the agreement in question is excluded or exempt from the application of the first conduct rule or this Part.
(2) A decision by the Commission may include conditions or limitations subject to which it is to have effect.
(3) After the Commission has made its decision, it must inform the applicant in writing of the decision, the date of its decision and the reasons for it.

12. Effect of decision
(1) Subject to subsection (2), if the Commission makes a decision that an agreement is excluded or exempt from the application of the first conduct rule or this Part then each undertaking specified in the decision is immune from any action under this Ordinance with regard to that agreement.
(2) The immunity provided by subsection (1) applies to an undertaking only to the extent of the first conduct rule or this Part, and in so far as that undertaking complies with every condition and limitation subject to which the decision is to have effect.

13. Non-compliance with condition or limitation
(1) If an undertaking fails or ceases to comply with a condition or limitation subject to which a decision has effect, the immunity provided by section 12 ceases to apply with respect to that undertaking with effect from the date on which the non-compliance begins.
(2) If an undertaking starts to comply or resumes compliance with the condition or limitation, the immunity provided by section 12 applies to that undertaking with effect from the date on which the compliance begins or resumes.
(3) Action may be taken under this Ordinance against any undertaking relating to a contravention of the first conduct rule by that undertaking, that occurs during any period in which the immunity provided by section 12 does not apply to it.

### Competition Ordinance 《競爭條例》

14. Rescission of decision
(1) The Commission may rescind a decision made under section 11 if it has reason to believe—
(a) that there has been a material change of circumstances since the decision was made; or
(b) that the information on which it based its decision was incomplete, false or misleading in a material particular.
(2) Before rescinding a decision under this section the Commission must—
(a) in order to bring the proposed rescission to the attention of those undertakings the Commission considers likely to be affected by it, publish notice of the proposed rescission—
(i) stating that the Commission is considering rescinding the decision and the reasons why it is considering the rescission; and
(ii) inviting the undertakings to make representations about the proposed rescission within the period specified in the notice; and
(b) consider any representations received within the period specified in the notice.
(3) The notice referred to in subsection (2) must be published—
(a) through the Internet or a similar electronic network; and
(b) in any other manner the Commission considers appropriate.
(4) The period specified in the notice published under subsection (2) must be a period of at least 30 days beginning after the day on which the notice is published.
(5) If, after—
(a) the expiry of the period specified in the notice published under subsection (2); and
(b) considering any representations received within that period,
the Commission is of the view that the decision should be rescinded, it may, by notice in writing given to each undertaking for which the decision provides immunity, rescind that decision.
(6) A notice of rescission given under subsection (5) must inform the undertakings of—
(a) the rescission and the reasons for the rescission;
(b) the date on which the determination to rescind the decision was made; and
(c) the date from which the rescission takes effect.
(7) If the Commission is satisfied that any information—
(a) on which it based its decision; and
(b) which was provided to it by a party to the agreement,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (6)(c) may be earlier than the date on which the notice is given.
(8) If a decision is rescinded under this section, each undertaking specified in the notice of rescission loses its immunity from action under this Ordinance, as from the date the rescission takes effect, with regard to anything done after that date.
(9) A rescission of a decision under this section may be made with regard to all of the undertakings for which the decision provides immunity or with regard to only one or more of them.