September 21, 2017 (HONG KONG) – David Chu, Proskauer litigation partner, joined forces with Catrina Lam of Des Voeux Chambers and Paul Harris QC from London's Monckton Chambers on September 11 to present a Competition Law training session hosted at Proskauer’s Hong Kong office. General and in-house counsel from a range of Fortune 500 companies, SMEs and newly launched start-ups in association with the Hong Kong Corporate Counsel Association (HKCCA) attended.
David addressed the subject of the investigatory powers of the Competition Commission, in particular its power of search and seizure during “dawn raids,” in addition to the provision of leniency agreements under the Competition Ordinance. He shared specific strategies for dealing with document production notices from the Commission, including why voluntary disclosure beyond the scope required by a notice can be beneficial in certain circumstances. David also highlighted the practical considerations for in-house counsel when responding to a dawn raid, including how to deal with issues of preserving legal professional privilege over relevant documents and what procedures to adopt during the search to ensure that confiscated or copied documents are properly documented.
Catrina gave an informative overview of the First Conduct Rule under the Competition Ordinance, and outlined the do's and don'ts associated with undertakings, agreements and concerted practices and turned the spotlight on serious anti-competitive conduct and its attendant implications. She also presented on Information Exchange - including a segment on why divulging too much could cost you, and concluded with actionable take-aways for the audience on what constituted abuse of substantial market power in the context of the Second Conduct Rule.
Paul, who has extensive experience in the UK and EU, concluded with some practical tips on how to respond most effectively and efficiently as the subject of an investigation/raid, some further aspects of information exchange (including in the context of trade associations) and with some of the strategic considerations that arise with considering an application for leniency, especially under the Competition Ordinance and associated guidance.