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O’Melveny Lawyers Explore Hong Kong’s Cartel Leniency Regime

July 12, 2018

O’Melveny lawyers Philip Monaghan and Charles Paillard co-authored the Hong Kong chapter of Immunity, Sanctions & Settlements Know-How 2018—a Global Competition Review (GCR) publication.

The chapter provides detailed and practical answers to over 70 questions on an important aspect of the new Hong Kong competition regime. The chapter primarily focuses on leniency (immunity or a 100 percent reduction in pecuniary penalties) in the cartel context, including all procedural steps for securing lenient treatment, eligibility criteria, the marker process, cooperation obligations, the process for granting leniency, and the circumstances where leniency can be revoked. The chapter also includes a dedicated section on the settlement of cartel cases under Hong Kong law and offers numerous insights on the operation of the leniency regime generally.

The GCR know-how series on Immunity, Sanctions & Settlements covers more than a dozen jurisdictions. This year marks the inaugural chapter for Hong Kong (dated June 2018).

Should you have any questions on this alert, the Hong Kong cartel leniency regime or the Hong Kong chapter of Immunity, Sanctions & Settlements Know-How 2018, please feel free to contact any of the key contacts listed below.

This memorandum is a summary for general information and discussion only and may be considered an advertisement for certain purposes. It is not a full analysis of the matters presented, may not be relied upon as legal advice, and does not purport to represent the views of our clients or the Firm. Philip Monaghan, an O'Melveny partner licensed to practice law in England & Wales, Ireland, and Hong Kong, and Charles Paillard, an O'Melveny associate licensed to practice law in France and a registered foreign lawyer in Hong Kong, contributed to the content of this newsletter. The views expressed in this newsletter are the views of the authors except as otherwise noted.

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