The Leniency Policy for Undertakings Engaged in Cartel Conduct (Cartel Leniency Policy) sets out information relating to:
A template for leniency agreement between the Competition Commission (Commission) and an undertaking engaged in cartel conduct is attached to the Leniency Policy as Annex A.
The only way to apply for leniency under the Cartel Leniency Policy is to call the Leniency Hotline at +852 3996 8010. The Leniency Hotline is only answered between 8am to 6pm Hong Kong time, Monday to Friday (excluding public holidays).
NOTE: The Cartel Leniency Policy is a policy issued under section 80 of the Competition Ordinance (Ordinance), which provides that the Commission may make a leniency agreement with a person that it will not bring or continue proceedings in the Competition Tribunal for a pecuniary penalty in exchange for the person’s cooperation in an investigation or in proceedings under the Ordinance.
The Enforcement Policy provides further information on cooperation with the Commission in its investigation other than in the event of leniency application.
Where a person provides personal data1 to the Commission in the context of making an application for leniency, the Commission will use the data for the purpose of considering the application in accordance with the Cartel Leniency Policy, investigating the conduct reported to the Commission and taking enforcement action (including before the Competition Tribunal) pursuant to the provisions of the Competition Ordinance.
The Commission may disclose and/or transfer personal data to third parties in accordance with the Cartel Leniency Policy and/or the leniency agreement (if any) concluded by the Commission and the party applying for leniency.
1 Personal data means personal data as defined in the Personal Data (Privacy) Ordinance, Cap. 486.