Competition Law

The Competition Ordinance (Cap. 619) (“CO”) came into full operation in Hong Kong on 14 December 2015, exactly three and a half years after it was first enacted on 14 June 2012. The CO aims to prohibit conduct that prevents, restricts or distorts competition in Hong Kong, and mergers amongst carrier licence holders under the Telecommunications Ordinance (Cap. 106) that substantially lessen competition in the telecommunications sector in Hong Kong.

DVC is proud to be at the forefront of this rapidly developing area of the law. Our members have appeared in many of the first landmark cases in Hong Kong on competition law and regularly advises corporations on competition, regulatory and other related issues. Combined with our wealth of experience and expertise in public and constitutional law, commercial litigation, as well as dealing with regulatory authorities such as the Securities and Futures Commission and the Communications Authority, we strive to become the preeminent set for all competition law related matters in Hong Kong.

Our members practising in competition law are:-  

Catrina Lam

Catrina has considerable experience in handling competition law matters. She has been advising and appearing in Competition Commission v Nutanix Hong Kong Ltd & Ors, the first case commenced before the Competition Tribunal after the Competition Ordinance came into effect in December 2015. She has advised major telecommunications companies on licensing and competition issues. She appeared on behalf of PCCW-HKT in two of the first cases on competition law before the then Telecommunications (Competition Provisions) Appeal Board (led by Sir Peter Roth QC, currently The Hon Mr Justice Roth of the High Court of England and Wales and the President of the Competition Appeal Tribunal in the United Kingdom). In January 2016, she was appointed to the Competition Commission’s Panel of External Counsel. She is also a member of the Hong Kong Bar Association’s Special Committee on Competition Law. In October 2016, she was selected by the Hong Kong Bar Association as one of four counsel to undertake a secondment at Monckton Chambers, a leading set specialising in competition law in London. She recently completed a Postgraduate Diploma in EU Competition Law at King’s College London.

 

John Hui

John obtained a distinction in the competition law paper in his BCL degree. He has been actively developing a competition law practice in Hong Kong. In 2015, he acted as junior counsel for the Communications Authority in Hong Kong (led by Mark Hoskins QC from Brick Court Chambers in London and Johannes Chan SC from Denis Chang’s Chambers) in a judicial review, culminating in the Honourable Mr. Justice G Lam’s judgment in Television Broadcasts Limited v Communications Authority & The Chief Executive in Council [2016] 2 HKLRD 41, a landmark decision in Hong Kong discussing the general principles of competition provisions  and other important issues such as the standard of proof in competition law proceedings. In January 2016, he was appointed to the Hong Kong Competition Commission’s Panel of External Counsel. In October 2016, he was selected by the Hong Kong Bar Association to undertake a secondment at Brick Court Chambers, a leading London set specialising in competition law.

 

Connie Lee 

Connie studied Competition Law at the University of Oxford whilst doing her BCL. Since 2016, she has been on the Competition Commission's Panel of External Counsel in Hong Kong. She has recently been selected by the Hong Kong Bar Association as one of the four counsel to undertake a secondment at Brick Court Chambers in London where she spent two weeks with Mr. Robert O’Donoghue, a leading competition practitioner.

 

Martin Kok

Martin is a Committee Member of the Committee on Competition Law, Hong Kong Bar Association (2016-present), and in which capacity he is tasked with making submissions and proposals on competition law matters.  Martin's practice covers both advisory and advocacy work in a broad range of civil matters, including competition law.  Prior to joining the Bar, Martin has read competition law as part of his postgraduate degree (B.C.L.) at the University of Oxford.

 

Kelvin Kwok

Kelvin specialises in competition law as a practising barrister in DVC and an academic at the University of Hong Kong, where he continues to teach and research in competition law. He has considerable experience handling competition law matters involving dispute resolution, exemption/exclusion-related applications, and advisory/consultancy work (including pre-IPO opinion). He has advised the Hong Kong Competition Commission and private parties in various sectors of the economy (including the financial, media, professional and retail sectors). He was an ad-hoc consultant to i-Cable in the Communication Authority’s Preliminary Enquiry (OFCA/M/BO2/1-12) leading to the early 2016 decision that i-Cable had no case to answer. 

 

Stephanie Wong

Stephanie accepts instructions for both advocacy and advisory work on a wide range of areas of law, including competition law.  Prior to joining the Bar, Stephanie has read and obtained distinctions in EU and UK competition law at the University of Oxford and US antitrust law at the University of Hong Kong.  She was also a research assistant to Mr. Thomas Cheng (competition law specialist and a member of the Hong Kong Competition Commission) and has conducted research on diverse competition law issues.

 

Cherry Xu

Cherry is developing a broad practice in civil and commercial law, including competition law.  She has been involved in both advisory and advocacy work in relation to competition law.  Prior to joining the Bar, Cherry has read competition law as part of her BCL degree at the University of Oxford and obtained a distinction in the subject.

Competition Law