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Hong Kong’s Competition Commission (HKCC) has recently initiated proceedings against an IT company, Quantr, in the Hong Kong courts after Quantr rejected the lesser penalty of agreeing to an infringement notice. HKCC’s case is that Quantr and its director, Cheung Man Kit, engaged in cartel conduct in relation to a bidding exercise organized by Hong Kong theme park Ocean Park in 2017 for the procurement of IT services based on Nintex technology. HKCC found that Nintex also participated in the cartel conduct, but the company accepted an infringement notice and a revised competition compliance program. The case was brought to HKCC’s attention by Quantr’s co-bidder who filed a leniency application, which the commission accepted. This is the first case in Hong Kong that has resulted from a successful leniency application, and it is also the first time the commission has made use of its power to issue an infringement notice.
Kassie Smith QC is advising the Hong Kong Competition Commission.
The HKCC press release about the case.