The Efficiency of Hong Kong's Competition Law and Enforcement

This report examines the competition law framework in Hong Kong, focusing on its enforcement mechanisms and the potential impact of piracy. The introduction highlights the importance of competition for innovation and the recent adoption of competition law in Hong Kong. The literature review provides a historical context and outlines key aspects of the Competition Ordinance, including prohibitions against anti-competitive agreements, misuse of market power, and mergers. The research methodology explains the use of secondary data and an interpretivist research philosophy to assess the implementation of competition law without piracy. The conclusion summarizes the findings, emphasizing the significance of competition law for the Hong Kong market and the potential implications of failing to account for piracy. The report also includes a bibliography of primary and secondary sources, providing a comprehensive overview of the topic.

Running head: DISSERTATION 0
COMPETITION LAW
JANUARY 8, 2020
STUDENT DETAILS:

DISSERTATION 1
Contents
Introduction......................................................................................................................................2
Literature review..............................................................................................................................2
Research methodology.....................................................................................................................3
Conclusion.......................................................................................................................................5
Bibliography...................................................................................................................................6

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Introduction
The competition derives innovation and creativeness in the business. There is a great
contribution of Hong Kong in the economy of China. There is high competition in the market of
Hong Kong. The competition is not present in all the markets. The completion takes place
mainly in the markets that promote trading activities at international level. There are 120 nations
around the world that have followed the competition law. It can see that Hong Kong came in this
category recently. The thesis statement of this paper is ‘Can Hong Kong maintain the efficient
policing of competition law without pirate enforcement’
Literature review
There is a long history of completion law in the current scenario of the world1. Hong Kong has
competition law system for the telecommunication as well as broadcasting sector ever since
2000. In Hong Kong, the consumer has taken various advantages of this in relation to the
different competing providers and the range of service of telecommunication provided to
consumer. In Hong Kong, the completion law can be enforced without piracy. The piracy puts
pressure on the profit margin and lessens the creativity of output2.
In addition, the Competition Ordinance covers 3 distinctive prohibitions, which may be found in
competition law everywhere in the world3. As per First Conduct Rule, the anti-competitive
agreement is first prohibition. As per the Second Conduct Rule, the next prohibition is misuse of
1 Kein Woo, Analysis of threshold cointegration with asymmetric adjustments in the Hong Kong grocery industry
(Routledge 2018)
2 Tiera Blomberg, Advancing policies to implement competition (Routledge 2016)
3 Sew Cheung, The research on the competition law (Springer 2018)

DISSERTATION 3
substantial marketing powers4. As per the merger rule, the third concern is merger that
substantially reduce competition. In the recent time, the Merger Rule is applied only to some
activities in telecommunications industry5. The Enforcement Policy of commission sets out
wherever this would focus the means in the Ordinance's starting time of operations. This would
prioritise cartel behaviour. It can see that it contravenes the First Conduct Rule that cause
substantial harms to the competition in Hong Kong. The competition includes reselling
maintaining price. The Commission will also prioritise taking actions against association of
undertaking, officials such as director that take participation in the cartel conduct6.
Research methodology
The research study will involve the socio-economic views as the concern of research has been to
discover the commencement and implementation of the competition law without piracy in Hong
Kong. It has direct impact on the financial as well as social aspects of the world. To conduct this
research, the researcher used secondary data collection method to know the effective policies to
implement competition law without piracy in Hong Kong. The secondary data is collected
through exploring the internet, journals, magazines, newspapers, as well as books related to the
competition law in Hong Kong. In doing research, interpretivism research philosophy is used by
the research scholar rather than positivism and realism research philosophy. The reason is that
the interpretivism research philosophy is useful to explain the factual data as per the inspection
as well as measurement. It also permits the research scholar to discover facts as per the statistical
facts along with figures 7.
4 The Completion Law
5 Kelwien Chau, Dynamic panel analysis of construction accidents in Hong Kong (Oxford University press 2016)
6 Andrew Bandara, The overview of Completion law (Cambridge University Press 2016)
7 Carter Chim, Hong Kong Competition Law (Springer 2017)

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In addition, a purpose is that this is not easy to choose specific research method. The research
approach has 2 types. These two elements include inductive research approach along with
deductive research approach. Inductive approach is followed to measure the secondary data.
Furthermore, there is no requirement of theories to conduct research. Henceforth, researcher will
execute the inductive method in place of the deductive method. Additionally, the research
scholar would apply inductive approach to collect actual data in relation to problems of private
provider along with public provider. This research approach is substantial in taking decision
about the several points along with value to get proper conclusions of the findings. The research
design for the concerned study, the qualitative research is considered. As the topic has been quite
observational, the competition laws as well as application of policies need to be observed as what
impact it has on market of Hong Kong. For doing research, research scholar has followed
qualitative research design. The qualitative research design is also known as investigative
research. The qualitative research design is implied to create theoretic data in relation to the
concerns of this study.
Moreover, there are different type research strategies to collect secondary data. The research
strategy can be proper to complete study in the specified period and lower cost. In this research
study, the researcher has conducted the literature review for getting aims of the research. The
literature review is useful in identifying the research gap in appropriate manner. It helps the
researcher what is already known regarding the subject, as well as how extensively the subject
has already been discovered. In this way, the researcher has developed greater foundation of the
knowledge as well as information for the readers. The secondary data collection method is useful
for the research scholar to advance prudence along with trustworthiness of the result of research8.
8 Geraint Howells, and Ramsay Iain, Handbook of research on international consumer law. (Edward Elgar Publishing
2018)

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Conclusion
As per the above analysis, it can be concluded that the application of the competition law of
Hong Kong would be the main change to policies of market in Hong Kong. It is found from the
literature review that it is one of the last developed economies to not be considered by the
inclusive competition rule. This finding can have significant implications that the failure to
account for piracy can lead to wrong conclusion in relation to the powers of market. It is
concluded by collecting secondary data that Hong Kong can implement the competition law
without piracy.

DISSERTATION 6
Bibliography
Primary Sources
Statutes and statutory instruments
The Completion Law
Secondary Sources
Books
Bandara, A, The overview of Completion law (Cambridge University Press 2016)
Blomberg, T, Advancing policies to implement competition (Routledge 2016)
Chau, K, Dynamic panel analysis of construction accidents in Hong Kong (Oxford University
press 2016)
Cheung, S, The research on the competition law (Springer 2018)
Chim, C, Hong Kong Competition Law (Springer 2017)
Howells, G, and Iain, R, Handbook of research on international consumer law. (Edward Elgar
Publishing 2018)
Woo, K, Analysis of threshold cointegration with asymmetric adjustments in the Hong Kong
grocery industry (Routledge 2018)