Discovery, Public Interest Immunity, and Privilege under Hong Kong Competition Law

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The Hong Kong Competition Tribunal has ruled for the first time on the extent of the Competition Commission’s discovery obligations in enforcement proceedings.

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A recent Hong Kong Competition Tribunal (Tribunal) decision offers the first judicial guidance on issues of discovery, public interest immunity and privilege under Hong Kong competition law. The decision, Competition Commission v. Nutanix Hong Kong Limited and others [2018] HKCT 1 (the Decision) arose from an application by a respondent in underlying enforcement proceedings (Respondent) for orders of discovery against the Competition Commission (the Commission).

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