Prof. Hans Mahncke on The Proposed Hong Kong Competition Law Regime March 23, 2009

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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 Kongs 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 governments sincerity in finding a solution to Hong Kongs competition
problems. It is posited that the governments 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.

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Ticket Info:  Mahncke on Hong Kong Competition Regime, Free

Official Website: http://hk-competition-upcoming.eventbrite.com