Five months on since Hong Kong enacted its first
comprehensive competition law, counsel in the city believe the
merger control rule should be applicable to all economic
The Legislative Council, the city’s parliament,
passed the substantive provisions of the Competition Ordinance
last December, while voting to extend the merger control rule
only to the telecom sector.
Some antitrust lawyers in Hong Kong argue that the
city’s lawmakers have been too relaxed on the
regulation of mergers in the territory. They tell IFLR that the
antitrust regulator has been advocating the government to make
the merger control rule applicable to all economic sectors.
"It is unprecedented that a competition law is so clear and
has gone so far in exempting all M&A activities from the
competition law. I just can’t think of any other
jurisdictions that have the same exception," said Marc Waha,
partner at Norton Rose Fulbright...