Page:Competition Ordinance (Cap. 619).pdf/15

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“leniency agreement” (寬待協議) means a leniency agreement made under section 80;

“member” (委員), in relation to the Commission, means a member of the Commission appointed under section 2 of Schedule 5;

“merger” (合併) has the meaning given by section 3 of Schedule 7 read together with section 5 of that Schedule;

“merger rule” (合併守則) has the meaning given by section 3 of Schedule 7;

“person” (人), in addition to the meaning given by section 3 of the Interpretation and General Clauses Ordinance (Cap. 1), includes an undertaking;

“President” (主任法官) means the President of the Tribunal appointed under section 136;

“reviewable determination” (可覆核裁定) has the meaning given by section 83;

“second conduct rule” (第二行為守則) has the meaning given by section 21;

“serious anti-competitive conduct” (嚴重反競爭行為) means any conduct that consists of any of the following or any combination of the following—
 * (a) fixing, maintaining, increasing or controlling the price for the supply of goods or services;
 * (b) allocating sales, territories, customers or markets for the production or supply of goods or services;
 * (c) fixing, maintaining, controlling, preventing, limiting or eliminating the production or supply of goods or services;
 * (d) bid-rigging;
 * Note—
 * See also subsection (2).

“shadow director” (幕後董事), in relation to a company, means a person in accordance with whose directions or instructions all the directors or a majority of the directors of the company are accustomed to act, but a person is not to be regarded as a shadow director by reason only that all the directors or a majority of the directors act on advice given by that person in a professional capacity;

“statutory body” (法定團體) means a body of persons, corporate or unincorporate, established or constituted by or under an Ordinance or appointed under an Ordinance, but does not include—
 * (a) a company;
 * (b) a corporation of trustees incorporated under the Registered Trustees Incorporation Ordinance (Cap. 306);
 * (c) a society registered under the Societies Ordinance (Cap. 151);
 * (d) a co-operative society registered under the Co-operative Societies Ordinance (Cap. 33); or
 * (e) a trade union registered under the Trade Unions Ordinance (Cap. 332);