This effectively sets a relatively low bar for future competition cases in Hong Kong, in a way that will facilitate the task of the CA and the newly set-up Competition Commission in fighting anti-competitive practices.
Importantly, the court also validated most of the competitive analysis of the CA.
Finally, the court provided useful information as to what type of remedies can be imposed to put an end to anti-competitive practices.
Justice Godfrey Lam heard the case against the CA’s initial decision and wrote the judgment summarised below.
He has recently been appointed as the first President of the Competition Tribunal, which further underlines the relevance of the TVB case for competition law enforcement in Hong Kong.