Merger review missing from HK antitrust rewrite

Author: Brian Yap | Published: 16 Nov 2015

Counsel in Hong Kong are disappointed that a comprehensive merger regime will not be incorporated into the new competition policy which should take full effect next month.

The substantive provisions of the Hong Kong Competition Ordinance, which was passed in June 2012, is widely expected to be voted into law on December 14. All local commercial entities would be brought within its ambit.    

But counsel are disillusioned by the lack of progress regarding the merger regime under the ordinance, which remains applicable only to mergers involving telecommunications carrier licensees.

"The absence of a merger rule applying across sectors renders the legislative arsenal incomplete," said Clara Ingen-Housz, partner at Linklaters in Hong Kong. "It may also increase the burden...