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Commitments under section 60 of the Competition Ordinance in relation to the Hong Kong Seaport Alliance

Case Number EC/03AY
Parties HPHT Limited (“HPHT”), on behalf of Hongkong International Terminals Limited, COSCO-HIT Terminals (Hong Kong) Limited, and Asia Container Terminals Limited; and Modern Terminals Limited (“MTL” and together with HPHT, “Parties”)
Relevant Documents Proposed Commitments

Press Release: Competition Commission consults on proposed commitments from Hong Kong Seaport Alliance  

Notice issued under section 2, Schedule 2 of the Ordinance regarding the Commission’s proposed acceptance of the Proposed Commitments

Annex 1 to the Notice: Proposed Commitments 

Proposed Commitments from Hong Kong Seaport Alliance: Questions and Answers

Commitments

Press Release: Competition Commission accepts commitments from Hong Kong Seaport Alliance

Notice regarding the Commission’s acceptance of the Commitments

Commitments accepted by the Commission
 
Representations received
on Proposed Commitments
R1 - Evergreen Marine (Hong Kong) Ltd (14.08.2020)

R2 - Sinchit Lai (24.08.2020)

R3 - Hapag-Lloyd (China) Ltd (17.08.2020)

R4 - The Hong Kong Shippers’ Council (20.08.2020)

R5 - Hongkong Association of Freight Forwarding & Logistics (21.08.2020)

R6 - A.P. Moller - Maersk Group (25.08.2020)

R7 - Goodman DP World Hong Kong Limited (26.08.2020)

R8 - CMA CGM (China) Shipping Limited (26.08.2020)

R9 - Orient Overseas Container Line Limited (26.08.2020)
Current Status On 30 June 2020, the Parties offered the Proposed Commitments under section 60 of the Ordinance in relation to the Hong Kong Seaport Alliance. The Commission considered the Proposed Commitments appropriate to address its concerns about a possible contravention of the first conduct rule and therefore proposed to accept them.

On 12 August 2020, the Commission published a notice of its proposed acceptance, as required by section 2 of Schedule 2 to the Ordinance, and sought representations from interested parties. 

The deadline for representations was 26 August 2020. The Commission received representations from nine parties within this deadline.

Having carefully considered these representations, the Commission sought certain amendments to the Proposed Commitments from the Parties. It decided to accept the commitments, as revised, and on 30 October 2020, issued a notice of acceptance. The Commitments are published on the Commitments Register.
Monitoring Trustee Pursuant to the terms of the Commitments, the Parties' compliance with the Commitments is to be monitored by an independent Monitoring Trustee on behalf of the Commission.

On 19 February 2021, the Parties appointed a Monitoring Trustee approved by the Commission.

Third parties who have queries in relation to the Commitments may contact the Monitoring Trustee using the following contact details.

Contact Details:

Mr. Tsui Chi Chiu (Cliff)
Ernst & Young Transactions Limited
22/F, CITIC Tower, 1 Tim Mei Avenue, Central, Hong Kong

Tel: +852 3471 2625
Email: [email protected]