Prevention is better than cure: Hong Kong Competition Commission clarifies approach to information exchange

The Hong Kong Competition Commission (“HKCC”) recently published its decision relating to a proposed market sales survey by the Hong Kong Association of the Pharmaceutical Industry (“HKAPI”). The HKCC concluded that the proposed survey is not excluded from the prohibition against anti-competitive arrangements as it was unlikely to generate sufficient efficiencies to the benefit of consumers.

This is the first decision by the HKCC under section 11 of the Ordinance relating to economic efficiencies. As well as demonstrating the HKCC’s ability to swiftly review proposed conduct, the decision gives much welcomed and deeper insight into a yet untested area of the law.

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