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Hong Kong Competition Commission's First Legal Action: An Economic Perspective
International Antitrust Bulletin, Vol. 2, 2017, p.11-13
Year published: 2017

"Hong Kong passed its first comprehensive competition law ('Competition Ordinance') in June 2012, and the law came into full effect in December 2015. On March 23, 2017, the Hong Kong Competition Commission ('HKCC') took its first legal action and filed a complaint against five firms in the information technology ('IT') industry with the Competition Tribunal.

The complaint alleges that Nutanix Hong Kong Limited ('Nutanix'), BT Hong Kong Limited ('BT'), SiS International Limited ('SiS'), Innovix Distribution Limited ('Innovix'), and Tech-21 Systems Limited ('Tech-21') participated in a bidrigging scheme in connection with a tender conducted by the Young Women’s Christian Association ('YWCA') in July 2016 for the supply and installation of a 'hyper-converged' IT server system based on Nutanix technology, in violation of the First Conduct Rule under the Competition Ordinance. According to the Complaint, Nutanix is a supplier of IT hardware and software solutions, including hyper-converged server systems based on a Nutanix software platform. BT, SiS, Innovix, and Tech-21 are distributors of Nutanix products who sell directly to final customers such as YWCA."

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©2017 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association