Prof. Hans Mahncke on The Proposed Hong Kong Competition Law Regime

Aims of the Seminar:
To explore the state of competition in the Hong Kong economy, to outline the competition law provisions currently in force, to evaluate the need for a generic competition law, to introduce government proposals for a new competition law regime, to assess the efficacy of the proposed generic competition law in tackling Hong Kong’s competition ills, if and where they exist, and to seek the perspectives of participants on both the desirability and shape of competition law regimes for small, open economies.

Abstract:
Hong Kong is uniquely positioned as one of only two fully free ports in the world. In theory this should ensure a highly competitive environment. However, harmful monopolies and oligopolies, both in goods and services trade persist. Almost all of these existing monopolies are controlled by a hand-full of family-run conglomerates. Currently there is no cross-sector competition law in place to tackle such practices. Recently, after years of resisting, the Hong Kong government has presented proposals for an economy-wide competition law. Yet, an examination of these proposals reveals many flaws and loopholes, such as the omission of rules on mergers and acquisitions and a proposed maximum penalty of HK$10 million (less than £1 million). These and other particulars cast doubt both on the efficacy of the proposed law and on the government’s sincerity in finding a solution to Hong Kong’s competition problems. It is posited that the government’s true intention might be to preserve the status quo, that is the symbiosis between itself and existing conglomerates. If the current proposals are ineffectual, or even counterproductive, are there appropriate alternatives with relevance for small and open economies which are also capable of addressing the specific problems experienced in Hong Kong?

Speaker:
Hans Mahncke obtained his LL.B. (Hons.) degree at Southampton before earning an LL.M. degree from the University of Amsterdam. He is a Ph.D. candidate at Leiden University. Hans is currently an Assistant Professor at City University of Hong Kong, where he teaches courses on WTO Law, Common Law Legal Method and International Arbitration Law. His research interests include international economic law, competition law and common law tradition. He has recently co-authored a book on WTO law and has been published in various journals, including the Journal of Chinese Law, Leiden Journal of International Law and Legal Issues of Economic Integration.