In Competition Commission v ATAL Building Services Engineering Limited [2023] HKCT 9, a judgment handed down on 25 October 2023, the Hon Harris J laid down important procedural rules in the conduct of competition proceedings.

First, the Court held that generally speaking, the appropriate procedure is for the Tribunal to determine liability first and adjourn the determination of the penalty until after trial or after all the respondents have agreed to a Kam Kwong settlement.

Second, if cooperation agreements have been entered into between the Competition Commission and some of the respondents, documents relating to the cooperation agreements are discoverable vis-à-vis against other respondents under the “warts and all” principle, as the defence is entitled to know everything about the accomplice witness in order to challenge his evidence.

The full judgment can be viewed here.