Identity Disclosure of Leniency Recipients in Hong Kong

Hong Kong’s Competition Commission first introduced its leniency programme in 2015, which allows cartel members to blow the whistle in exchange for immunity from antitrust fines. In late 2020, the Competition Tribunal handed down a judgment in Competition Commission v Quantr Ltd and Cheung Man Ki, which set a milestone in the development of HK’s leniency policy because it was the first case in HK resulting from a successful leniency application. Since then, there have been more instances in which the Commission relied on its leniency programme to combat cartels. The identity of these leniency recipients has been unknown to the public, as the Commission has intentionally hidden such information. Such a practice has diverged from practices implemented in most overseas jurisdictions and has had significant implications for the city’s competition regime. Through a comparative approach, this article examines whether HK should disclose the identities of successful leniency applicants.