### Competition Ordinance 《競爭條例》

63. Enforcement of commitment
(1) If the Commission considers that a person has failed to comply with any commitment that the person has made under this Part (including a commitment to comply with the requirements of an infringement notice) and which has been accepted by the Commission, it may apply to the Tribunal for an order under subsection (2).
(2) If the Tribunal is satisfied that a person has failed to comply with a commitment that the person has made under this Part and which has been accepted by the Commission, the Tribunal may make all or any of the following orders—
(a) an order directing the person to take such action or refrain from taking such action, as is specified in the commitment;
(b) an order directing the person to pay to the Government an amount not exceeding the amount of any profit gained or loss avoided by that person as a result of the person’s failure to comply with the commitment;
(c) an order directing the person to compensate any person for any loss or damage caused by the person’s failure to comply with the commitment; and
(d) any other order that the Tribunal considers appropriate.

64. Register of commitments
(1) The Commission must establish and maintain a register of commitments made under this Part (including commitments to comply with the requirements of an infringement notice) containing—
(a) a copy of all commitments accepted under this Part (including any commitment accepted in substitution for another);
(b) a copy of all variations of commitments accepted under this Part;
(c) where any acceptance of a commitment has been withdrawn, notice of that withdrawal; and
(d) where any commitment has been released, notice of that release.
(2) The Commission may omit confidential information from any entry made in the register under this section; and where confidential information has been omitted, that fact must be disclosed on the register.
(3) The Commission must make the register available for inspection by any person—
(a) at the offices of the Commission during ordinary business hours;
(b) through the Internet or a similar electronic network; and
(c) in any other manner the Commission considers appropriate.

65. Procedural requirements regarding commitments
Schedule 2 has effect regarding the procedural requirements for—
(a) the acceptance of commitments;
(b) the withdrawal of acceptance of commitments; and
(c) the variation and release of commitments, 
under this Division.

66. Interpretation
In this Division—
compliance period (遵守限期) means the period within which a person who has notified the Commission that the person proposes to comply with the requirements of an infringement notice must make a commitment to comply with the requirements of the notice;
notification period (通知限期) means the period (being a period of not more than 28 days) within which a person to whom an infringement notice has been issued must notify the Commission whether or not the person proposes to comply with the requirements of the notice.

### Competition Ordinance 《競爭條例》

67. Commission may issue infringement notice
(1) Subsection (2) applies where—
(a) the Commission has reasonable cause to believe that—
(i) a contravention of the first conduct rule has occurred and the contravention involves serious anti-competitive conduct; or
(ii) a contravention of the second conduct rule has occurred; and
(b) the Commission has not yet brought proceedings in the Tribunal in respect of the contravention.
(2) The Commission may, instead of bringing proceedings in the Tribunal in the first instance, issue a notice (an infringement notice

68. Person not obliged to make commitment
A person is not obliged to make a commitment to comply with the requirements of an infringement notice, but if a person does not make the commitment within the compliance period, the Commission may bring proceedings against that person in the Tribunal in relation to the alleged contravention of the conduct rule.

69. Contents of infringement notice
An infringement notice must—
(a) identify the conduct rule alleged to have been contravened;
(b) describe the conduct that is alleged to contravene that conduct rule;
(c) identify the person whose conduct is alleged to constitute the contravention;
(d) identify the evidence or other materials that the Commission relies on in support of its allegations;
(e) specify the requirements to be complied with by the person to whom the notice is addressed;
(f) specify both the notification period and the compliance period; and
(g) be accompanied by a copy of section 68 (Person not obliged to make commitment).

70. Notice of proposal to issue infringement notice
(1) Before issuing an infringement notice to any person under section 67, the Commission must—
(a) give that person a notice under this section; and
(b) consider any representations made in accordance with the notice.
(2) A notice under this section must—
(a) state that an infringement notice is proposed to be issued;
(b) contain a draft of the proposed infringement notice; and
(c) specify a period, being a period of not less than 15 days, within which representations may be made as to why the infringement notice should not be issued.
(3) If a person makes a representation in response to a notice issued under this section—
(a) evidence or information provided to the Commission in that representation may not be used against that person; and
(b) no person may obtain discovery of that information or evidence against the Commission,
in any proceedings, other than proceedings against that person for an offence under section 172 (Provision of false information).

71. Decision not to issue infringement notice
If after considering any representations made in response to a notice given under section 70, the Commission decides not to issue an infringement notice, it must give notice of that decision to the person to whom the notice under section 70 was given.

### Competition Ordinance 《競爭條例》

72. Effect of issue of infringement notice
(1) If an infringement notice has been issued to any person, no proceedings may be brought by the Commission against that person in respect of the contravention referred to in the notice if—
(a) the compliance period has not expired; and
(b) the infringement notice has not been withdrawn.
(2) The Commission may not publish an infringement notice (or disclose the whole or any part of its contents)—
(a) before the expiry of its compliance period;
(b) if a commitment to comply with the requirements of the notice is not made within the compliance period; or
(c) if the Commission has withdrawn the notice.

73. Withdrawal of infringement notice
The Commission may at any time before the expiry of the compliance period, by notice in writing given to a person to whom an infringement notice has been issued, withdraw the infringement notice with effect from a date specified in the notice.

74. Extension of compliance period
(1) The Commission may, either of its own volition or on application made to it in writing, extend the compliance period specified in an infringement notice if it considers that there is a good reason for doing so.
(2) An application for an extension under subsection (1) must be made before the expiry of the period sought to be extended.

75. Effect of commitment to comply with requirements of infringement notice
If a person makes a commitment to comply with the requirements of an infringement notice within the compliance period, the Commission may not bring proceedings in the Tribunal against that person in respect of the alleged contravention specified in the notice.

76. Failure to comply with requirements of infringement notice
(1) This section applies where a person has made a commitment to the Commission to comply with the requirements of an infringement notice.
(2) Nothing in section 75 prevents the Commission from bringing proceedings in the Tribunal, where it has reasonable grounds for suspecting that the person who has made the commitment has failed to comply with one or more of the requirements of the infringement notice.

77. Registration of commitments
The Commission must register commitments made under this Division in the register maintained by the Commission under section 64 (Register of commitments) and the provisions of that section also apply, with any necessary modifications that the circumstances require, to commitments made under this Division.

78. Publication of infringement notices
If a person has made a commitment under this Division to comply with the requirements of an infringement notice, the Commission may publish the infringement notice—
(a) through the Internet or a similar electronic network; and
(b) in any other manner the Commission considers appropriate.