Page:Competition Ordinance (Cap. 619).pdf/19

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7. “Object” and “effect” of agreement

(1) If an agreement, concerted practice or decision has more than one object, it has the object of preventing, restricting or distorting competition under this Ordinance if one of its objects is to prevent, restrict or distort competition.

(2) An undertaking may be taken to have made or given effect to an agreement or decision or to have engaged in a concerted practice that has as its object the prevention, restriction or distortion of competition even if that object can be ascertained only by inference.

(3) If an agreement, concerted practice or decision has more than one effect, it has the effect of preventing, restricting or distorting competition under this Ordinance if one of its effects is to prevent, restrict or distort competition.

8. Territorial application of first conduct rule

The first conduct rule applies to an agreement, concerted practice or decision that has the object or effect of preventing, restricting or distorting competition in Hong Kong even if—
 * (a) the agreement or decision is made or given effect to outside Hong Kong;
 * (b) the concerted practice is engaged in outside Hong Kong;
 * (c) any party to the agreement or concerted practice is outside Hong Kong; or
 * (d) any undertaking or association of undertakings giving effect to a decision is outside Hong Kong.

Subdivision 2—Decisions 9. Application for decision

(1) An undertaking that has made or given effect to, is giving effect to or is proposing to make or give effect to an agreement may apply to the Commission for a decision as to whether or not the agreement is—
 * (a) excluded from the application of the first conduct rule by or as a result of Schedule 1;
 * (b) exempt from the application of the first conduct rule by virtue of a block exemption order issued under section 15;
 * (c) exempt from the application of the first conduct rule by virtue of an order of the Chief Executive in Council made under section 31 (Exemptions on public policy grounds) or section 32 (Exemption to avoid conflict with international obligations); or