Counsel in Hong Kong have criticised the lack of
clarity on the treatment of subsequent whistleblowers under the
city’s first leniency policy.
The Hong Kong Competition Commission, the
city’s antitrust watchdog, launched a one-month
public consultation on the draft policy on September 23.
But confusion surrounds some legal constraints on the
functioning of the policy and the authority of the commission
in exercising oversight.
"The challenge (for the commission) would be that it does
not have the final say on the fines and sanctions which may be
imposed because that is up to the tribunal to decide," said
Maxime Vanhollebeke, registered foreign lawyer for Norton Rose
The current legal structure limits the competition
regulator’s role to reviewing leniency
applications and agreeing not to bring proceedings against the
first applicant before the...