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Application for a decision under section 9 of the Competition Ordinance in relation to a proposed pharmaceutical sales survey

Case Number AD/02NH
Application Date 31 January 2019
Applicant Hong Kong Association of the Pharmaceutical Industry
Relevant Documents Notice of the Application
Form AD (non-confidential version)
Summary of the Application For the summary of the Application provided by the Applicants, please refer to paragraphs 3 to 6 of the Form AD (non-confidential version)
Current Status On 31 January 2019, the Applicant submitted an application for a decision under section 9 of the Competition Ordinance in relation to a proposed pharmaceutical sales survey (“Proposed Survey”).

The Applicant seeks a decision confirming that the first conduct rule under section 6 of the Ordinance does not apply to the giving effect of the Proposed Survey by the Applicant by virtue of the exclusion in section 1 (Agreements enhancing overall economic efficiency) of Schedule 1 to the Ordinance.

On 1 February 2019, the Commission published a notice of the application and requested interested parties to submit representations on the application to it. The Commission’s consultation closed on Friday, 29 March 2019.

The representations received to date are available below.

The Commission is now further considering the application and representations received. 
Representations received R1 - A.S. Watson Retail (HK) Limited dated 22.02.2019 (with redactions for confidentiality)

R2 – Reckitt Benckiser Hong Kong Limited dated 19.03.2019

R3 - Consumer Council dated 25.03.2019

R4 - The Pharmaceutical Distributors Association of Hong Kong dated 26.03.2019