Hong Kong Competition Law Investigation Series – Part 11: Exclusions and Exemptions - Application for a Decision

The Competition Ordinance (the "Ordinance") provides for a limited regime of exclusions and exemptions. Agreements or conducts falling within the scope of an exclusion or exemption will not contravene the First Conduct Rule and/or the Second Conduct Rule (the "Conduct Rules"). There is no requirement to apply to the Competition Commission (the "Commission") for a decision to secure the benefit of a particular exclusion or exemption.

However, undertakings needing greater legal certainty may choose to apply to the Commission for a Decision under section 9 and/or section 24 of the Ordinance. Under these circumstances you are always encouraged to seek legal advice as early as possible before considering submitting an application and of course contacting the Commission.

In Part 11 of this series, we will look at:

• Exclusions and Exemptions under the Ordinance
• What Does the Application Process Involve?