一場超乎意外之好的演講!
Monday 23 March 2009
CPD Lecture
The Proposed Hong Kong Competition Regime
Speaker: Hans Mahncke, City University Hong Kong
Time: 5.30 -6.30pm
Venue: Keeton Room, UCL Laws
http://hk-competition.eventbrite.com/重點整理如下:
1. No General Competition Law in HK
2. 2007 Cross-sector address
3. Linear approach on the development of CP:
  1440 Common Law Roots
  1890 Sherman Act (USA)
  1948 Restrictive Practice (UK)
  1957 Article 81 & 82 (EU)
  1947 Japan Competition Regime (forced by the US)
  2004 Singapore Competition Regime (forced by the US)
  2008 Anti-monopoly Act (China)
  -> Three common salience: anti-competition, abuse of dominance, merger control
4. Competition regime does not always have positive criticisms. e.g. Alan Greenspan, Economic nationalism case in the PRC.
5. Business Environment in HK
  - supposed: free-port, free competition on service
  - but, 'Parallelism of Action' is a big problem. e.g. petroleum, supermarket
  - natural monopolies/champions
  - NO free-hold land leads to price-setting: government holds lands with only 50 yrs lease.
  - therefore, auction on land-lease becomes the essential obstacle to real competition.
  - this is a colonial legacy, whilst the government has huge profits from this land auction - Land Premium System.
6. The proposed HK Competition Law
  - NO merger control and NO acquisition rules!
  - only on 'collusion' and 'dominance'
  - rediculous exemptions to  (1) Government itself, (2) Chief Executive's special right to 'undo' judgements, (3) Maximum penalty < 1 Million pounds.
7. Conclusion:
  - proposed law is NOT viable, on hold now.
  - Competition regime CANNOT work in HK, due to land system and lack of accountability, democracy.